Montana Estate Planning
Get your own affairs in order in Montana, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its Montana guide.
- Will
- Montana will requirements under MCA 72-2-522: a writing, the testator's signature, and two witnesses. Handwritten wills count, no notary needed. Read the guide
- Living trust
- A Montana revocable living trust under MCA 72-38-601 to 72-38-606: how to create and fund one, the pour-over will, and its limits. Read the guide
- Power of attorney
- A Montana power of attorney is durable by default and valid with your signature alone. A notary is optional, but a bank must accept a notarized one. Read the guide
- Healthcare directive
- A Montana advance directive is a living will signed before two witnesses, a durable health care power of attorney, or both. Read the guide
Planning to prepare the will with an online service? See what Montana requires from an online will before you sign anything.
Montana estate planning guides
Montana Estate Planning Basics
Montana estate planning uses four documents: a will with two witnesses, a financial power of attorney, a health care directive, and a trust.
Montana Will Requirements
Montana will requirements under MCA 72-2-522: a writing, the testator's signature, and two witnesses. Handwritten wills count, no notary needed.
Montana Power of Attorney
A Montana power of attorney is durable by default and valid with your signature alone. A notary is optional, but a bank must accept a notarized one.
Montana Advance Directive
A Montana advance directive is a living will signed before two witnesses, a durable health care power of attorney, or both.
Montana Guardianship Planning
How Montana guardianship and conservatorship work under MCA Title 72, chapter 5, the filing fee, and the documents that can prevent a case.
Montana Revocable Living Trust
A Montana revocable living trust under MCA 72-38-601 to 72-38-606: how to create and fund one, the pour-over will, and its limits.
Montana Trust Administration
Montana trust administration under the Uniform Trust Code: the two 60-day notices, annual reports, creditor exposure and final distribution.
Montana Transfer on Death Deed
A Montana transfer on death deed passes land at death under MCA 72-6-401 to 72-6-418. Record it before you die, or the deed does nothing.
Montana Pet Trusts
A Montana pet trust is valid under MCA 72-2-1017 and 72-38-408. It lasts as long as a covered animal lives, and a named person can enforce it.
Montana Digital Assets After Death
Montana's digital assets act puts an online tool ahead of your will. Emails need consent or a court order, and a custodian has 60 days to answer.
Not sure what you need in Montana?
Answer a few questions and we'll tell you which estate planning documents to set up first.
Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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