What Do I Need to Sign My Will in Montana?
Witness, notary, and remote online notarization (RON) requirements for wills in Montana.
Montana requires 2 witnesses for a willMCA § 72-2-522Verified Oct 18, 2026View source. A witness must be at least 18 years old.
Montana does not require notarization for a will to be validMCA § 72-2-522Verified Oct 18, 2026View source. The notary's usual role in Montana is the optional self-proving affidavit: a notarized statement signed with the will that lets it enter probate without locating the witnesses.
Montana allows remote online notarization (RON) for willsMCA 1-5-603Verified Sep 9, 2026View source, a secure video session with an approved online notary. The state also accepts an out-of-state RONMCA 1-5-603Verified Sep 9, 2026View source.
To execute a will in Montana: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). Wet signature required; the notarization step may still be remote
Yes. Montana has adopted the Uniform Probate Code, which validates a will under any of three tests: it complied with the law of the place of execution, the law of the testator's domicile when signed, or the law of the testator's domicile at death (UPC § 2-506). The practical wrinkle is the self-proving affidavit: without one, the witnesses may need to testify when the will enters probate. The Montana document portability tool carries the recognition rule by document type.
Is this your situation?
Get a complete guide for your specific circumstances.
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn more
Moving to a New State
State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning Your Estate in Montana
Free forms for planning your estate in Montana: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-522Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Montana requires 2Mont. Code Ann. § 50-9-103Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMont. Code Ann. § 50-9-103Verified Oct 15, 2026View source.
Financial Power of Attorney
Montana treats a power of attorney as durable by defaultMCA § 72-31-305Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementMCA § 72-31-305Verified Sep 18, 2026View source.
Transfer on Death Deed
In Montana, a transfer on death deed is signed before a notaryMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Montana, the living will is the DeclarationMont. Code Ann. §§ 50-9-101 to 50-9-505 (Montana Rights of the Terminally Ill Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Pour-Over Will
In Montana, a pour-over will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in Montana
Free tools for planning your estate in Montana: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
Trust or Will: Which Costs Less?
In Montana, a will-based plan pays probate attorney fees of typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Montana runs $3,620Estimate: 10 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,430Estimate: 15 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Montana runs $957Estimate: 3 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,934MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Montana, a parent names a guardian for a minor child in a willMont. Code Ann. §§ 72-5-211, 72-5-212, 72-5-213, 72-5-222, 72-5-223Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mont. Code Ann. § 41-1-101Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Montana takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
Montana authorizes transfer on death deedsMCA 72-6-401 to 72-6-418Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
When you're ready, we're here.
Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.