Updated January 10, 2023
A Montana self-proving affidavit form is a legal document validating the legitimacy of a last will and testament. Montana law does not require will’s to be notarized; however, a self-proving affidavit is a notarized document that will speed up the probate process once the testator (creator of will) dies. To complete this type of affidavit, the testator and two (2) witnesses (preferably not involved in the will in any capacity) must appear before a notary public and sign the form. By signing the affidavit, the witnesses are affirming that the testator is executing the document of their own free will and while of sound mind. Once the testator dies, the will must go through probate court, but with a self-proving affidavit attached thereto, the witnesses will not be required to personally appear.
Laws
- Statute – § 72-2-524
- Signing Requirements – Two (2) witnesses and a notary public.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – The Testator must provide their full Name, the current Date, and their Signature into the fields provided.
Step 3 – Next, the Witnesses must enter their Names on the lines highlighted within the second paragraph of the form. A Signature must be inscribed by each Witness, and the State and County must be entered into the empty spaces below the Signature fields.
Step 4 – The Notary Public, after observing all three above-mentioned signatures being inscribed, must enter the Testator’s Name, the Names of both Witnesses, the current Date, their Signature, official capacity of officer, and their official seal into the ‘Notary Acknowledgement’ section of the form.
