Montana Last Will and Testament

What Is a Last Will and Testament?

Montana defines a will as “a codicil and any testamentary instrument that merely appoints a personal representative, revokes or revises another will, or excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.” (§ 72-1-103(59))

Requirements

To execute a valid will, individuals must:

• Be mentally sound and at least eighteen (18) years of age. (§ 72-2-521)
• The will must be signed by two competent witnesses. (§ 72-2-522(1)(c))
• The will must be in writing. (§ 72-2-522(1)(a))

Filing

Montana does not require the filing of wills during a person’s lifetime. Probate courts, however, may allow wills to be deposited securely for safekeeping.

Sources

1. 1. § 72-1-103(59)
   2. § 72-2-521
   3. § 72-2-522(1)(c)
   4. § 72-2-522(1)(a))

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