How to Make a Will in Montana

In Montana, you may make your own will or hire a professional to write your will. Whether you choose to handwrite your will or hire a professional, the person writing the will must be an adult, and they must have the testamentary capacity to write a will. After writing your will, you may opt to change or revoke; the processes of changing and revoking your will are detailed in this article, among other details on how to write a will in Montana. 

What Are the Steps to Create a Will in Montana?

Here are the steps to creating a will in Montana:

1. Make an inventory of all your assets and property;
2. Make a list of beneficiaries who will inherit your property;
3. Collate the beneficiaries with your assets;
4. Choose a personal representative who will be in charge of administering your estate;
5. Choose a guardian for your minor children (if any);
6. Choose a guardian for your pets (if any);
7. Choose a trustee who will take care of the assets on behalf of your children until they turn 18;
8. Write your will – by yourself, with the help of an estate planning attorney or LegalPen;
9. Sign your will in the presence of two credible witnesses; and
10. Store your will safely.

What Happens If I Don’t Have a Will in Montana?

When you die in Montana without a will, you are considered to have died ‘intestate’. When you die intestate, the intestacy laws in Montana are applied. Your property will be devolved per Chapter 2 Uniform Probate Code- Intestacy, Wills and Donative Transfers.  Your spouse, children, parents and siblings will inherit your property per the provisions of the intestacy laws. 

What Are the Requirements for Writing a Last Will and Testament in Montana?

The requirements for writing a last will and testament in Montana are that:

1. The testator must be an adult, at least 18 years old;
2. The testator must be of sound mind and have the testamentary capacity to understand the nature and extent of their estate and their beneficiaries;
3. The will must be in writing;
4. The testator must sign the will; and
5. The will must be witnessed by two competent witnesses.

How Often Should You Review and Update Your Montana Will?

You should review your will periodically when changes happen. Changes that may necessitate reviewing a will include the death of an heir, the birth of a child, divorce or marriage, acquiring additional property, or selling your assets. To ensure your will is up-to-date, you can review it yearly. 

How to Revise and Update Your Will in Montana?

In Montana, you revise and update your will by making a new will that revokes an existing will or an instrument known as a codicil that amends the existing will. The codicil or will can be made by the testator themselves, with the help of an attorney, or with LegalPen.

What Makes a Will Valid in Montana?

A valid will in Montana is one which:

1. Is in writing (handwritten or typed);
2. Signed by the testator;
3. Signed by two witnesses present to witness the execution of the will. 

Can a Handwritten Will Be Valid in Montana?

Yes, a handwritten will is valid in Montana. For a handwritten will to be valid, it has to be in the testator’s handwriting and signed by the testator in their handwriting. The will must be made freely and voluntarily by the testator. Any form of undue influence or fraud invalidates the will.  

How Do I Sign My Montana Will

You can sign your Montana will be signing at the end of the will document; the signing must be witnessed by two credible witnesses who must sign the will within a ‘reasonable time’ after you. However, a handwritten will does not have to be witnessed by two competent witnesses. 

What Can I Include in an Online Will in Montana?

When creating your online will in Montana, you may include the following information: 

1. A list of beneficiaries who will inherit your estate;
2. A nominated executor to administer your estate;
3. A guardian for your minor children;
4. An inventory of your assets and property; and
5. A list of your debts and liabilities.

Depending on your needs and wishes, you can include more clauses in your will that are customized to fit them. Make your online will with LegalPen today.

However, you should note that online wills are not legal in Montana. After making an online will in Montana, Montana residents should print their wills for signing, witnessing, and storage.

Types of Assets Covered in a Montana Will

The types of assets covered in a Montana will are:

1. Digital Assets: online social media accounts such as Instagram, X, Youtube; cryptocurrencies, bitcoin, Ethereum;

2. Intellectual property: earnings from trademarks, patents and copyrights.

 3. Real estate: your home, apartments, vacation homes, and land;

4. Personal Property: You may include personal property such as jewellery, motor vehicles, art, stamps, and other collectibles. 

Assets owned jointly cannot be included in the will. Moreover, proceeds from life insurance policies, pension funds, individual retirement accounts, payable-on-death (POD) deposits, and transfer-on-death (TOD) designations cannot be passed under a will. 

Can I Revoke or Change My Will in Montana?

Yes, your will can be revoked or changed. One way to change or revoke a will is to write an entirely new one that revokes an existing one. Another way to change a will is to make a codicil that makes minor changes to the will. The codicil supplements the existing will. It must be signed and witnessed following the same formalities as making a will. 

How Do You Revoke or Change Your Will in Montana?

You revoke or change in Montana by:

1. Tearing, destroying, burning, obliterating or cancelling part of your will to revoke it;

2. Ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of your will in front of you, or

3. Making a new will that expressly revokes the old will. 

Can I Make a Digital or Electronic Will in Montana?

Montana does not recognise digital or electronic wills; however, Montana residents can make their wills using digital or electronic platforms. After making an electronic will, they can print it and have it signed and witnessed by two competent witnesses. 

Who Can Witness a Will in Montana?

Two adults are supposed to witness a will in Montana. The adults must be of sound mind and competent. A witness cannot be named as a beneficiary in your will. 

Should My Will Name an Executor?

Yes, your will should name an executor/ personal representative. The executor is responsible for administering and distributing the decedent’s estate according to the decedent’s wishes, which are particularly stated in the will. When you do not appoint an executor, you leave the probate courts the discretion to choose a personal representative they deem fit to represent your estate.

What Are the Montana Will Executor Requirements?

The Montana will executor requirements are:

1. The executor must be an adult;
2. They should not be convicted felons;
3. They must be a resident of Montana or a U.S resident; and
4. Generally, they must be responsible persons.

The executor does not have to be a professional such as an attorney. They should be reliable people. 

What Happens to a Will After Death in Montana?

After death, the executor files a copy of the will with the probate court. At the probate court, the will is validated and considered to be legal and valid. Then, the executor may proceed by executing your wishes under the will by first paying off the estate debts and liabilities and then distributing your property and assets as provided in the will. 

What is the Impact of Marriage and Divorce on Your Montana Will?

Divorce revokes the bequests made to the former spouse under a will. Thus, any property left to the former spouse passes as if the former spouse had passed away before the person who wrote the will. However, you should note that divorce should be separated from separation. Separation is not similar to a divorce decree. When a separated husband or wife dies, the surviving spouse receives gifts made in the will. 

Marriage automatically revokes any will that was made before the marriage unless the will is in contemplation of the will. 

Do All Wills in Montana Have to Go Through Probate?

Yes, all wills in Montana have to go through the probate process. However, the probate process may vary depending on the complexity of the estate. Simple estates with a lesser value go through a simplified probate process, which takes less time. Conversely, complex estates go through a lengthy probate process.

Is Montana a Community Property State?

No, Montana is not a community property state. It is an equitable division of property state. Fairness and equity are considered in the distribution of property in the event of a married couple’s divorce. The court has broad discretion in the division of marital property. In the exercise of their discretion, courts consider the length of marriage, the spouse’s economic circumstances, the spouse’s health, and the contribution to the acquisition of particular assets, among other factors.

How is Montana Intestate Succession Done?

The Montana intestacy laws apply when a person dies intestate. The following happens under different circumstances:

How is Estate and Inheritance Tax in Montana Done?

Montana does not have an estate tax; it does not impose an estate tax on the decedent’s estate. Similarly, Montana does not impose an inheritance tax. However, federal estate tax applies to estates whose value exceeds $13.17 million.