Montana Last Will and Testament Template

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A Montana Last Will and Testament is a legal document used for estate-planning purposes that is instrumental in determining how a testator (the individual creating their will) wishes to carry out the distribution of their estate upon death. A will document provides detailed information regarding the portion of the estate each beneficiary shall receive and any additional conditions the testator wishes to stipulate. Beneficiaries are usually family, friends, and even charitable organizations– but the testator can name any individual or entity as a beneficiary of their estate. Wills must be signed by the testator in the presence of two (2) witnesses in order to be legally executed in the State of Montana. Notarization can be sought to add an additional layer of legal protection; this however is optional. Wills may be revoked or amended at any time.

Table of Contents

Laws

Definition – (§ 72-1-103(58)) – “Will” includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Signing Requirements (Section 72-2-522) – Needs at least two (2) or more credible Witnesses.

Statutes – Title 72 (Estates, Trusts, and Fiduciary Relationships)

(Video) How to Make a Will in Montana

How to Write

Step 1 – The document may be established the testator by placing their name at the top of the document, followed by provision of the following:

  • Name of Testator in the next line
  • City where the testator resides
  • County where the testator resides
  • Testator should carefully review the remaining portion of the section
  • Testator should read Expenses and Taxes

Step 2 – Appointment of  an Executor –

  • Provide Executor’s Name
  • City of residence
  • County where Executor resides
  • Executor’s State

Alternate Executor – A second Executor may be needed if for any reason the initial executor is unable to provide services

  • Name of Alternate Executor
  • City of Executor
  • County of Executor
  • State of Executor’s residence

Step 3 – Disposition of Property that will be Provided to Respective Beneficiaries:

Beneficiaries  – Enter the following information:

  • Enter full name
  • Current address
  • Relation to testator
  • Enter the last four digits of  SSN
  • List any property being bequeathed to each beneficiary

The Testator may read the remaining information regarding  how property would be distributed should any beneficiary predecease the testator

Step 4 – Testator must carefully read all of the titled sections that are an important part of this document as follows:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Witness Signatures – Signing parties must all be present to sign this document. The following information is required:

  • Provide the name of the testator
  • Date of testator’s signature – dd/mm/yyyy format
  • Testator’s Signature
  • Print testator’s name

Witnesses – Each witness must review the short statement –

  • Document must first be dated in dd/mm/yyyy format
  • Enter testator’s name

Witness 1 – 

  • Signature of witness
  • Witness address

Witness 2 –

  • Witness’ Signature
  • Witness’ Physical Address

Step 6 – Testament Affidavit – All signing parties should first read the affidavit and provide the following:

  • State
  • County
  • Testator’s name
  • Name of Witness 1
  • Name of Witness 2
  • ENTER NEXT –
  • Testator Signature
  • Witness number 1 Signature
  • Witness number 2 Signature

Step 7 (Optional) – Notary – Shall complete and authenticate the remainder of the form.

Related Forms

Advance Directive

Download: Adobe PDF

 

 

 


Durable (Financial) Power of Attorney

Download: Adobe PDF, MS Word, OpenDocument