Is an Online Will Legal in Montana?

A will prepared online is valid in Montana once it is printed and signed on paper under Mont. Code Ann. § 72-2-522: signed by the testator (or by someone in the testator's conscious presence at the testator's direction) and by two witnesses who each witnessed the signing or the testator's acknowledgment and signed within a reasonable time. Montana has not enacted the Uniform Electronic Wills Act, so a will cannot be signed and witnessed entirely online.

Published: August 16, 2026Statutes verified: September 27, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Montana will.

Sign it fully remotely

Paper signing

Whether Montana recognizes an electronic will executed without an in-person paper signing.

What this means for you

Print the will and sign it on paper with two witnesses. A notary is optional: it buys the § 72-2-524 self-proved will, which saves the witnesses from being called at probate, and it can be added at the signing or later. Interested witnesses do not endanger a Montana will or their gift (§ 72-2-525(2)). An entirely handwritten will also works under § 72-2-522(2) if the signature and material portions are in the testator's own handwriting. Montana's harmless-error rule (§ 72-2-523) can save a flawed signing only if someone proves the testator's intent by clear and convincing evidence in court, so do not plan on it.

What Montana Law Requires

The governing law is Montana Uniform Probate Code, Mont. Code Ann. Title 72, Chapter 2, Part 5 (Wills, Will Contracts, and Custody and Deposit of Wills), §§ 72-2-521 to 72-2-539. Each rule below links to the official source it was read from.

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Requirement	The Montana rule	Statute
Who can make a will	Age 18 or older, Sound mind.	Mont. Code Ann. § 72-2-521
Written document	Required.	Mont. Code Ann. § 72-2-522(1)(a)
Signature	The testator signs. The will may be signed in the testator's name by some other individual in the testator's CONSCIOUS PRESENCE and by the testator's direction (Mont. Code Ann. § 72-2-522(1)(b)).	Mont. Code Ann. § 72-2-522(1)(b)
Witnesses	2. The will must be signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will or the testator's acknowledgment of that signature or of the will (Mont. Code Ann. § 72-2-522(1)(c)). The section does not require the witnesses to sign in the testator's presence or in each other's; it requires each to have witnessed the signing or an acknowledgment and to sign within a reasonable time afterward.	Mont. Code Ann. §§ 72-2-522(1)(c) and 72-2-525
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	Mont. Code Ann. § 72-2-524

Signing Day in Montana

The will must be signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will or the testator's acknowledgment of that signature or of the will (Mont. Code Ann. § 72-2-522(1)(c)). The section does not require the witnesses to sign in the testator's presence or in each other's; it requires each to have witnessed the signing or an acknowledgment and to sign within a reasonable time afterward.

Mont. Code Ann. § 72-2-525(1): an individual generally competent to be a witness may act as a witness to a will. The section sets no minimum age for a witness.

The self-proving step worth adding

The statutory affidavit has the testator swear to being 18 years of age or older, and the witnesses swear that each signed in the presence and hearing of the testator. § 72-2-524(3): a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution. Timing: Either at execution, under Mont. Code Ann. § 72-2-524(1), or at any time after execution for an attested will, under § 72-2-524(2)..

Choose witnesses carefully

None. Mont. Code Ann. § 72-2-525(2): the signing of a will by an interested witness does not invalidate the will or any provision of it. Montana carries no purging or intestate-share cap on a beneficiary-witness's gift.

Shortcuts Montana Does and Does Not Recognize

Handwritten (holographic) wills

Yes

Mont. Code Ann. § 72-2-522(2): a will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the SIGNATURE and MATERIAL PORTIONS of the document are in the testator's handwriting. There is no date requirement. Under § 72-2-522(3), intent that the document be the testator's will may be established by extrinsic evidence, including portions of a holographic will that are not in the testator's handwriting.

A typed, unwitnessed will fails § 72-2-522(1) and is not a holographic will. Unlike Idaho, Montana does have the UPC harmless-error rule (§ 72-2-523): a document not executed in compliance with § 72-2-522 is treated as if it were, if its proponent establishes by clear and convincing evidence that the decedent intended it as a will. That is a litigation rescue, not a way to make a will. (Mont. Code Ann. § 72-2-522(2) and (3))

Oral wills

MONTANA HAS NO NUNCUPATIVE OR ORAL WILL. Mont. Code Ann. § 72-2-522(1) requires a will to be in writing and lists its exceptions exhaustively (§§ 72-2-523, 72-2-526, 72-2-533 and the holographic will in subsection (2)); each one is a document or writing. The 1,485-section catchline index of Title 72 taken on 2026-09-27 contains no section on nuncupative or oral wills. A deathbed instruction to a family member has no testamentary effect in Montana. (Mont. Code Ann. § 72-2-522(1))

Electronic wills

Montana has NOT enacted the Uniform Electronic Wills Act. The catchline index of Mont. Code Ann. Title 72 (1,485 sections, read 2026-09-27) has no electronic-wills part; its only 'electronic' catchlines are E-SIGN relation sections of other uniform acts and the digital-assets act. The general Uniform Electronic Transactions Act does not supply one either: Mont. Code Ann. § 30-18-103(2)(a) provides that the act does not apply to a transaction governed by a law governing the creation and execution of wills, codicils or testamentary trusts. So a Montana will is a paper writing signed under § 72-2-522. Whether the § 72-2-523 harmless-error rule could rescue an electronic document is not settled by statute, and this file makes no claim that it would. (Mont. Code Ann. § 72-2-522(1)(a); § 30-18-103(2)(a))

Remote witnessing: not recognized.

A Will Signed in Another State

Mont. Code Ann. § 72-2-526: a WRITTEN will is valid if executed in compliance with § 72-2-522 or § 72-2-523, or if its execution complies with the law, at the time of execution, of the place where the will is executed, or of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national. (Mont. Code Ann. § 72-2-526)

Keep Going

The full Montana will-requirements guide covers capacity, revocation, and what happens when formalities fail.
Montana estate planning sets the will beside the other documents a complete plan needs.
A Montana revocable living trust is the main alternative when avoiding probate is the goal.
How every state answers the online-will question puts Montana's rules beside the other 36 states, and our scored will-maker comparison shows which products explain the signing steps best.

Frequently Asked Questions

Can I make my will online in Montana?

Does a Montana will need to be notarized?

No. Notarization is not required for a valid Montana will. The optional self-proving step under Mont. Code Ann. § 72-2-524 makes probate easier: The statutory affidavit has the testator swear to being 18 years of age or older, and the witnesses swear that each signed in the presence and hearing of the testator. § 72-2-524(3): a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution.

How many witnesses does a Montana will need?

2. The will must be signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will or the testator's acknowledgment of that signature or of the will (Mont. Code Ann. § 72-2-522(1)(c)). The section does not require the witnesses to sign in the testator's presence or in each other's; it requires each to have witnessed the signing or an acknowledgment and to sign within a reasonable time afterward. (Mont. Code Ann. §§ 72-2-522(1)(c) and 72-2-525)

Are handwritten (holographic) wills valid in Montana?

Yes. Mont. Code Ann. § 72-2-522(2): a will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the SIGNATURE and MATERIAL PORTIONS of the document are in the testator's handwriting. There is no date requirement. Under § 72-2-522(3), intent that the document be the testator's will may be established by extrinsic evidence, including portions of a holographic will that are not in the testator's handwriting. A typed, unwitnessed will fails § 72-2-522(1) and is not a holographic will. Unlike Idaho, Montana does have the UPC harmless-error rule (§ 72-2-523): a document not executed in compliance with § 72-2-522 is treated as if it were, if its proponent establishes by clear and convincing evidence that the decedent intended it as a will. That is a litigation rescue, not a way to make a will. (Mont. Code Ann. § 72-2-522(2) and (3))

Are electronic wills legal in Montana?

No. Montana has NOT enacted the Uniform Electronic Wills Act. The catchline index of Mont. Code Ann. Title 72 (1,485 sections, read 2026-09-27) has no electronic-wills part; its only 'electronic' catchlines are E-SIGN relation sections of other uniform acts and the digital-assets act. The general Uniform Electronic Transactions Act does not supply one either: Mont. Code Ann. § 30-18-103(2)(a) provides that the act does not apply to a transaction governed by a law governing the creation and execution of wills, codicils or testamentary trusts. So a Montana will is a paper writing signed under § 72-2-522. Whether the § 72-2-523 harmless-error rule could rescue an electronic document is not settled by statute, and this file makes no claim that it would. (Mont. Code Ann. § 72-2-522(1)(a); § 30-18-103(2)(a))

Is a will made in another state valid in Montana?

Generally yes, within the statute’s terms. Mont. Code Ann. § 72-2-526: a WRITTEN will is valid if executed in compliance with § 72-2-522 or § 72-2-523, or if its execution complies with the law, at the time of execution, of the place where the will is executed, or of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national. (Mont. Code Ann. § 72-2-526)

SourcesOfficial references used for this page

Verified against Montana Uniform Probate Code, Mont. Code Ann. Title 72, Chapter 2, Part 5 (Wills, Will Contracts, and Custody and Deposit of Wills), §§ 72-2-521 to 72-2-539 on September 27, 2026

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 Montana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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