How to make a will in Montana

Montana will requirements at a glance

How to sign a will in Montana

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (MCA 72-2-524)
5. Store the original safely and tell your executor where it is. Montana also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind.

Witness rules

Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing the testator's signing or acknowledgment (MCA 72-2-522(1)).

If a witness inherits: No effect: signing by an interested witness does not invalidate the will or any provision (MCA 72-2-525(2)).

Handwritten wills

Signature and material portions in the testator's handwriting (MCA 72-2-522(2)).

Self-proving affidavit

Montana lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (MCA 72-2-524)

Can I sign my will online in Montana?

No. No electronic-will or remote-witnessing provision in Title 72, ch. 2, part 5 (MCA 2025).

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: Notaries physically in Montana may perform remote notarization after notifying the Secretary of State and completing training. The notary law has no will exclusion, but the will statutes don't address remote witnesses. (MCA 1-5-603(10), 1-5-615 (amended 2019, ch. 123))

Good to know in Montana

Wills may be deposited with any court for safekeeping under court rules (MCA 72-2-535). Montana follows the UPC closely, so its rules are simpler than most states'.

Estate and inheritance taxes

Montana has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Montana will questions

Does a will need to be notarized in Montana?

No. Two witnesses make a Montana will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in Montana?

Signature and material portions in the testator's handwriting (MCA 72-2-522(2)).

Can a beneficiary witness a will in Montana?

No effect: signing by an interested witness does not invalidate the will or any provision (MCA 72-2-525(2)).

Can I make a will online in Montana?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Montana doesn't allow electronic wills, so the will must be signed on paper.

Does Montana have an estate or inheritance tax?

Montana has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against Montana statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Montana attorney.