Estate plan requirements
Montana
Everything your estate plan needs to be valid in Montana: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Requirements at a glance
| Document | Witnesses | Notary |
|---|---|---|
| Will | 2 required | Recommended |
| Living trust | None required | Recommended |
| Power of attorney | None required | Recommended |
| Healthcare directive | 2 required | Not required |
Your complete Montana estate plan
Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Montana once signed the way Montana requires.
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Montana content last reviewed May 18, 2026.
Will
Mont. Code §72-2-521 et seq.
Witnesses: 2 required
Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in Montana
Self-proving affidavit: Available
This is the affidavit Mont. Code §72-2-524(2) prints for an attested will made self-proved, and it is reproduced in the section's own words. Three of the things it makes the WITNESSES swear are things a generic affidavit leaves to the testator's paragraph alone: that the testator signed and executed the instrument as the testator's will, that the testator signed willingly, and that the testator executed it as a free and voluntary act for the purposes expressed in it. The section asks for "substantially" this form, so a departure is not fatal, but there is no reason to give a will contest anything to argue about. Sign the will and this affidavit at one sitting, before an officer authorized to administer oaths, and have the officer complete the certificate under official seal. Mont. Code §72-2-524(3) adds a backstop worth knowing: a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if that is necessary to prove the will's due execution.
State-specific notes
ViewSelf-proving affidavit wording
ViewWitness disqualification / interested-witness rule
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Certification of trust: Mont. Code §72-38-1013
Montana lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Montana Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. Mont. Code §72-38-1013(8) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
Durable Power of Attorney
Mont. Code §72-31-353
Witnesses: None required
No witnesses required for power of attorney
Notarization: Recommended
Notarization is not legally required but is recommended, so banks and other third parties are more likely to accept it.
State-specific notes
ViewWarning notice for the principal
ViewAgent acknowledgment wording
Declaration
Mont. Code §50-9-101 et seq.
Witnesses: 2 required
Two witnesses strictly required for execution. Mont. Code §50-9-103(1)
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
ViewWitness disqualification recital
ViewState advance-directive registry
6 more documents with a subscription
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive. The free packet includes it too whenever it has a healthcare directive.
In this state: States the Mont. Code §50-16-527(3) thirty-month ceiling on an authorization's expiration date and its six-month default, the §50-16-527(2) bar on reaching care received more than six months after signing, and the §50-16-526(3) validity elements, with a re-execution reminder.
Nomination of Guardian of the Person and Conservator of the Estate
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. paid
| Free | Paid | |
|---|---|---|
| All 4 state-specific documents | Included in free | Included in paid tier |
| State-specific signing guide | Included in free | Included in paid tier |
| Download as PDF, print forever | Included in free | Included in paid tier |
| Secure online storage | Not in free | Included in paid tier |
| Covers real estate, business, digital, and funeral wishes | Not in free | Included in paid tier |
| Disposition of remains authorization | Not in free | Included in paid tier |
| Standalone HIPAA authorization | Not in free | Included in paid tier |
| Nomination of conservator | Not in free | Included in paid tier |
| Business succession declaration | Not in free | Included in paid tier |
| Real-estate retitling checklist | Not in free | Included in paid tier |
| Special needs trust provisions | Not in free | Included in paid tier |
| Letter of instruction, pre-filled and editable | Not in free | Included in paid tier |
| Edit anytime | Not in free | Included in paid tier |
| Annual review reminder | Not in free | Included in paid tier |
Electronic will status
Montana has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Digital assets access
Montana has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
Montana authorized RON in 2019. RON is authorized for notarial acts, including the self-proving affidavit under Mont. Code §72-2-524. A notarial act is not attestation. Mont. Code §72-2-522(1)(c) requires that at least two individuals sign, each within a reasonable time after having witnessed the testator's signing or the testator's acknowledgment, and §72-2-522(1) provides no notary-in-lieu-of-witnesses route, so a notary cannot stand in for a witness. Both statutory self-proving affidavit forms in Mont. Code §72-2-524 have the witnesses swear that they signed in the presence and hearing of the testator, so witnesses who were not physically with you cannot truthfully complete the affidavit this will prints. Montana has not enacted an electronic-wills act. Sign a single paper original in wet ink with both witnesses present with you.
Will
Not allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
For the paper documents Will.com produces, Montana does not allow remote online witnessing. Witnesses must be physically present when you sign.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Montana for guidance specific to your situation.