Montana Will Requirements

A Montana will has to be in writing, signed by the testator or by someone else in the testator's name, in the testator's conscious presence and at the testator's direction, and signed by at least two witnesses. MCA 72-2-522(1) sets those three steps. Montana also accepts a handwritten will with no witnesses at all, and it can save a flawed will through its harmless error rule.

These rules sit in Title 72, Chapter 2, Part 5 of the Montana Code Annotated, which follows the Uniform Probate Code. Every section quoted below was read on the Montana Legislature's own code site, where each page is labeled Montana Code Annotated 2025. The Legislature meets in odd-numbered years, so the 2025 code is the text in force until acts of the 2027 session take effect.

Read this page as a planning map, not a signing kit. It is general information about Montana law, not advice about your estate. A licensed Montana attorney should look at any plan that involves ranch or farm land, a blended family, or a dispute you can already see coming.

A valid will does not keep an estate out of court on its own. It names who inherits and who serves as personal representative, and the estate still moves through the district court described in the Montana probate guide. When no valid will exists, Montana intestate succession decides who takes.

Who Can Make a Montana Will

MCA 72-2-521 is one sentence: "An individual 18 or more years of age who is of sound mind may make a will."

That is the whole test in the statute. Montana has not written a longer definition of capacity into the code, so the question of whether someone was of sound mind on the day they signed comes up in court, if it comes up at all. The self-proving affidavit in MCA 72-2-524 has the testator swear to it directly, declaring that they are "18 years of age or older, of sound mind, and under no constraint or undue influence."

If a family expects a fight over capacity, MCA 72-3-310 sets who carries the burden. The person offering the will must make prima facie proof of due execution, and the person contesting it carries the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. How those challenges run, and the deadlines for bringing them, are covered in Montana will contests.

What Makes a Montana Will Valid

MCA 72-2-522(1) opens with an exception list that points to the harmless error rule in 72-2-523, the choice-of-law rule in 72-2-526, the personal property list in 72-2-533, and the holographic will rule in subsection (2). Outside those, a will must be:

1. In writing.
2. Signed by the testator, or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.
3. 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 acknowledgment of the will.

Two habits people bring from other states do not match the third step.

The witnesses do not have to watch the pen move. A witness qualifies by seeing the testator sign, or by hearing the testator acknowledge the signature, or by hearing the testator acknowledge the will. A testator can sign alone, then later show the document to two people and confirm it.

The witnesses do not have to sign at the same table. Each one signs "within a reasonable time" after witnessing. The section never requires the witnesses to sign in the testator's presence or in front of each other. Having everyone sign in one sitting is still the cleaner habit, because what counts as a reasonable time is a question a judge answers years later.

No Notary Is Needed to Sign a Montana Will

MCA 72-2-522(1) lists a writing, the testator's signature and two witness signatures. It does not mention a notary, and it offers no notary-only route in place of witnesses. A notary shows up in the next step instead, for the optional self-proving affidavit, and that affidavit is about proving the will later rather than making it valid.

An Interested Witness Does Not Void the Will

MCA 72-2-525 runs two subsections. Under (1), "An individual generally competent to be a witness may act as a witness to a will." Under (2), "The signing of a will by an interested witness does not invalidate the will or any provision of it."

So a son who signs as a witness to his mother's will does not lose his gift under it. The section sets no minimum witness age and no rule that a witness must take nothing under the will. Even so, two adults who inherit nothing remove the easiest undue influence argument a disappointed relative can raise, and they cost nothing to find.

Handwritten Wills Are Valid in Montana

MCA 72-2-522(2) says 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."

Three details decide whether a handwritten page qualifies:

• The material portions must be handwritten. Who gets what has to be in the testator's own hand. Printed text can appear on the same page.
• The signature must be handwritten. A typed name at the bottom does not meet the holographic test.
• Intent still has to be shown. MCA 72-2-522(3) lets intent that the document is the testator's will be established by extrinsic evidence, "including, for holographic wills, portions of the document that are not in the testator's handwriting." A preprinted form with the gifts filled in by hand can qualify on that reading.

Notice what the section leaves out. It asks for no witnesses, no notary and no date. That breadth is the reason handwritten wills draw fights: handwriting comparisons, missing pages and loose wording produce litigation that a typed will signed before two witnesses would have avoided.

Montana's Harmless Error Rule

Montana adopted the Uniform Probate Code's dispensing power, and not every neighboring state did. MCA 72-2-523, titled "Writings intended as wills," says that although a document or writing added upon a document was not executed in compliance with 72-2-522, it is treated as if it had been, if the proponent establishes by clear and convincing evidence that the decedent intended it to constitute:

The phrase "writing added upon a document" reaches a handwritten change penned onto an existing typed will. Clear and convincing evidence is a high bar, though, and proving intent to that standard in a contested hearing costs far more than a second witness would have. Treat 72-2-523 as a rescue for a family already in court, never as a signing plan.

Self-Proved Wills

MCA 72-2-524 offers two ways to make a will self-proved. Under subsection (1), the will is executed, attested and made self-proved at one sitting, by the testator's acknowledgment and the witnesses' affidavits, each made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal. Under subsection (2), an already-attested will can be made self-proved at any time after it was signed. The section prints model wording for both.

MCA 72-2-524(3) adds a safety net: a signature on 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." A witness who signed only the affidavit page, and not the will itself, still counts.

The payoff arrives at probate. MCA 72-3-213(1) says a will that appears to have the required signatures and contains an attestation clause showing the execution requirements of 72-2-522 or 72-2-526 were met "must be probated without further proof" in an informal proceeding. In an uncontested formal case, MCA 72-3-307 makes the affidavit or testimony of one attesting witness sufficient proof of execution. A self-proving affidavit is optional, and a will signed correctly without one is still valid. It simply spares the family from tracking down two witnesses long after the signing.

No Electronic Wills Act in Montana

Montana has not adopted the Uniform Electronic Wills Act. Title 72, Chapter 2 of the Montana Code Annotated 2025 holds no part that sets rules for signing or witnessing a will on a screen, and no section defines remote or video witnessing for a will. The only electronic-signature section in the chapter, MCA 72-2-833, sits in Part 8 and deals with the federal E-SIGN Act, not with will execution.

The practical answer is to meet MCA 72-2-522 on paper: a written document, a signature, and two witnesses. Part 9 of the same chapter is the Uniform International Will Act, which adds a separate optional form. MCA 72-2-903 has the testator declare the document as the will before two witnesses and an authorized person, and MCA 72-2-908 makes a licensed Montana attorney that authorized person. Most Montanans never need it.

A Will Signed in Another State

MCA 72-2-526 saves most documents that arrive with a move. A written will is valid if it complies 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 it was signed, or of the place where the testator was domiciled, had a place of abode, or was a national, either when signing or at death.

A will signed in Washington under Washington rules does not need re-signing after a move to Missoula or Billings.

The Separate List for Personal Items

MCA 72-2-533 lets a will refer to a written statement or list that disposes of items of tangible personal property, other than money, that the will does not already leave by a specific gift. This works whether or not the holographic rules apply. To count, the list must be signed by the testator and must describe the items and the people receiving them with reasonable certainty.

The flexibility is the point. Under 72-2-533(3), the list may be prepared before or after the will is signed, may be referred to as one that will exist at death, and may be altered by the testator later. Guns, saddles, jewelry and tools can move around on a signed page without a new will each time.

Revoking or Changing a Montana Will

MCA 72-2-527(1) gives two ways to revoke. The first is signing a later will that revokes the earlier one expressly or by inconsistency. The second is a revocatory act, performed by the testator with the intent to revoke, or by another person in the testator's conscious presence and at the testator's direction. Burning, tearing, canceling, obliterating or destroying the will or any part of it all count.

Two presumptions in 72-2-527(3) and (4) sort out what a later will does to an earlier one. A later will that disposes of the whole estate is presumed to replace the earlier will. A later will that disposes of only part is presumed to supplement it, and the earlier will is revoked only where the two conflict. Either presumption can be rebutted only by clear and convincing evidence.

Life changes alone do not revoke a will. MCA 72-2-528 says a change of circumstances does not revoke a will except as provided in 72-2-813 and 72-2-814. Section 72-2-814 revokes gifts to a former spouse on divorce or annulment, and 72-2-813 revokes gifts to a person who kills or financially exploits the decedent. A revoked will does not spring back to life on its own either: MCA 72-2-529 turns revival on evidence of what the testator intended.

Storing the Will, and What Happens After a Death

Montana offers a lifetime deposit option. MCA 72-2-535 lets the testator or the testator's agent deposit a will with any court for safekeeping, under that court's rules. The will must be sealed and kept confidential, and during the testator's life it may be released only to the testator or a person the testator authorizes in a signed writing. When the court learns of the death, it notifies the person designated to receive the will.

After a death, MCA 72-2-536 sets the custodian's duty. On request of an interested person, whoever holds the will "shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court." Willful failure makes the custodian liable for any damages it causes, and refusing after a court order is punishable as contempt. Montana sets no fixed number of days.

Probate runs in the district court. MCA 72-1-103(9) defines "court" as the district court with jurisdiction over decedents' affairs, and 72-1-103(7) makes the clerk of the district court the clerk for probate. An application for informal probate must state under MCA 72-3-203(1)(a) that the original will is in the court's possession or accompanies the application, so the original matters. You can find the clerk for each county on the Montana courts directory.

There is also an outer clock. MCA 72-3-122(1) bars most probate and appointment proceedings started more than 3 years after the death, with narrow exceptions. A will left in a drawer past that date can lose much of its effect.

Signing a Montana Will That Holds Up

The ordinary version looks like this:

1. Confirm the testator is 18 or older and of sound mind under MCA 72-2-521.
2. Put the will in writing and have the testator sign it.
3. Have two competent adults, ideally ones who take nothing under the will, sign within a reasonable time after seeing the signing or hearing the acknowledgment.
4. Add a self-proving affidavit under MCA 72-2-524, before a notary, so no one has to find the witnesses at probate.
5. Keep the original somewhere the personal representative can reach it, or deposit it with a court under MCA 72-2-535, and tell that person where it is.

A will controls what happens after a death and nothing before it. For the rest of a plan, including a power of attorney and a health care directive, start with Montana estate planning basics. A will also does not keep property out of court, so look at how to avoid probate in Montana for assets you would rather pass by transfer on death deed, beneficiary designation or trust.

Frequently Asked Questions

How many witnesses does a Montana will need?

At least two. MCA 72-2-522(1)(c) says 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. MCA 72-2-525 lets any individual generally competent to be a witness act as one.

Does a Montana will have to be notarized?

No. MCA 72-2-522(1) asks for a writing, the testator's signature, and two witness signatures, and nothing in it calls for a notary. A notary or other officer authorized to administer oaths comes in only for the optional self-proving affidavit under MCA 72-2-524, which makes the will easier to prove later and does not decide whether it is valid.

Is a handwritten will valid in Montana?

Yes, if the signature and the material portions of the document are in the testator's handwriting. MCA 72-2-522(2) makes such a will valid as a holographic will, whether or not anyone witnessed it, and MCA 72-2-522(3) lets extrinsic evidence, including printed parts of the page, show that the testator meant it as a will.

Does Montana accept electronic wills?

Montana has not adopted an electronic wills act. Title 72, Chapter 2 of the Montana Code Annotated 2025 contains no part setting rules for signing or witnessing a will electronically, so the paper rules in MCA 72-2-522 are the ones to meet. Part 9 of that chapter is the Uniform International Will Act, which is a different thing.

Can a Montana will that misses a formality still be admitted?

Sometimes. MCA 72-2-523 treats a document or writing that was not executed in compliance with MCA 72-2-522 as if it had been, when the proponent establishes by clear and convincing evidence that the decedent intended it as the will, a revocation, an addition or alteration, or a revival of a revoked will.

What does someone holding a Montana will have to do after the death?

MCA 72-2-536 says that after the testator's death, and on request of an interested person, the custodian shall deliver the will with reasonable promptness to a person able to secure its probate, or to an appropriate court if no such person is known. Willful failure makes the custodian liable for damages, and refusing after a court order is punishable as contempt.

Related Guides

• Montana Probate Guide
• Montana Will Contests
• Montana Intestate Succession
• Montana Estate Planning Basics
• How to Avoid Probate in Montana

Sources:

• Title: MCA 72-2-521, Who may make a will. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0210/0720-0020-0050-0210.html
• Title: MCA 72-2-522, Execution -- witnessed wills -- holographic wills. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0220/0720-0020-0050-0220.html
• Title: MCA 72-2-523, Writings intended as wills. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0230/0720-0020-0050-0230.html
• Title: MCA 72-2-524, Self-proved will. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0240/0720-0020-0050-0240.html
• Title: MCA 72-2-525, Who may witness. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0250/0720-0020-0050-0250.html
• Title: MCA 72-2-526, Choice of law as to execution. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0260/0720-0020-0050-0260.html
• Title: MCA 72-2-527, Revocation by writing or act. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0270/0720-0020-0050-0270.html
• Title: MCA 72-2-528, Revocation by change of circumstances. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0280/0720-0020-0050-0280.html
• Title: MCA 72-2-529, Revival of revoked will. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0290/0720-0020-0050-0290.html
• Title: MCA 72-2-533, Separate writing identifying disposition of tangible personal property. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0330/0720-0020-0050-0330.html
• Title: MCA 72-2-535, Deposit of will with court in testator's lifetime. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0350/0720-0020-0050-0350.html
• Title: MCA 72-2-536, Duty of custodian of will -- liability. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0360/0720-0020-0050-0360.html
• Title: MCA 72-2-903, Requirements (Uniform International Will Act). Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0090/section_0030/0720-0020-0090-0030.html
• Title: MCA 72-2-908, Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0090/section_0080/0720-0020-0090-0080.html
• Title: MCA 72-1-103, General definitions. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0010/part_0010/section_0030/0720-0010-0010-0030.html
• Title: MCA 72-3-122, Time limit on probate, testacy, and appointment proceedings -- exceptions. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0010/section_0220/0720-0030-0010-0220.html
• Title: MCA 72-3-203, Probate and appointment under will -- additional information required. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0030/0720-0030-0020-0030.html
• Title: MCA 72-3-213, Rules for grant or denial of informal probate. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0130/0720-0030-0020-0130.html
• Title: MCA 72-3-307, Hearings and proof in uncontested cases. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0030/section_0070/0720-0030-0030-0070.html
• Title: MCA 72-3-310, Burdens in contested cases. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0030/section_0100/0720-0030-0030-0100.html

It is not legal advice.