How Does Estate Planning Work in Montana?

Montana has adopted the Uniform Trust CodeMCA 72-38-101 et seq.Verified Jul 15, 2026View source and does not require witnesses for trust executionMCA 72-38-101 et seq.Verified Jul 15, 2026View source. Notarization is not required for validityMCA 72-38-101 et seq.Verified Jul 15, 2026View source, though many financial institutions require notarized trust documents. Montana has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 12 monthsMCA § 72-38-505(1)(c) (revocable-trust property subject to settlor's creditors after death, no trustee procedure); MCA § 72-3-803(1)(a) (1-year absolute nonclaim bar). The § 72-3-801 publication duty is the probate personal representative's, NOT the trustee's — Montana UTC has no trust-specific creditor-notice or claims-bar procedure. Verified 2026-06-19.Verified Jul 15, 2026View source), which the trustee settles before distributing.

A healthcare power of attorney in Montana requires 2 witnessesMont. Code Ann. § 50-9-103Verified Jul 15, 2026View source to be valid. A financial power of attorney requires no witnesses or notarizationMCA § 72-31-305Verified Sep 18, 2026View source. A financial power of attorney is durable by default, so it stays in effect if you become incapacitatedMCA § 72-31-305Verified Sep 18, 2026View source.

In Montana, the executor files an inventory of the estate's assets within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In Montana, divorce automatically revokes a beneficiary designation that names a former spouseMCA § 72-2-814Verified Sep 15, 2026View source on the covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.