Estate plan

Montana

Everything to plan your estate in Montana: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Montana, all for $29/year.

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Montana content last reviewed May 18, 2026.

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2019, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

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

Allows the will to be admitted to probate without witness testimony

2

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

3

Montana Statutory Form Power of Attorney

Mont. Code §72-31-353

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledgment before a notary public required for execution. Mont. Code §72-31-305
Durability is presumed unless the power of attorney expressly states otherwise. Mont. Code §72-31-304
Acknowledged powers of attorney receive acceptance protections under §§72-31-324 and 72-31-325; financial institutions that refuse without reasonable cause are subject to court order and damages
Spouse-as-agent designation terminates upon the filing of an action for dissolution, annulment, or legal separation (not upon entry of decree). Mont. Code §72-31-310(2)(c). Principal should re-execute the POA naming a successor if continued authority is desired during proceedings.
ViewStatutory warning notice
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent, you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
ViewAgent acknowledgment wording
IMPORTANT INFORMATION FOR AGENT Agent's Duties When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must: (1) do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) act in good faith; (3) do nothing beyond the authority granted in this power of attorney; and (4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) act loyally for the principal's benefit; (2) avoid conflicts that would impair your ability to act in the principal's best interest; (3) act with care, competence, and diligence; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (6) attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. Termination of Agent's Authority You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include: (1) death of the principal; (2) the principal's revocation of the power of attorney or your authority; (3) the occurrence of a termination event stated in the power of attorney; (4) the purpose of the power of attorney is fully accomplished; or (5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. Liability of Agent The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3. If you violate the Uniform Power of Attorney Act, Title 72, chapter 31, part 3, or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.
4

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

Notary cannot substitute for witnesses (the statute does not provide a notarial alternative)
Revocation rules at Mont. Code §50-9-104
Mont. Code §50-9-103 imposes no statutory bar on a designated agent serving as a witness; disinterested witnesses remain best practice but are not required by statute
ViewState advance-directive registry
Montana End-of-Life Registry — https://dojmt.gov/office-of-consumer-protection/end-of-life-registry-and-advance-health-care-directives/ Operated by the Montana Department of Justice under Mont. Code §50-9-501. Stores advance health care directives and makes them available to healthcare providers. Registration is paper-only (electronic filing is not available).
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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.

Nomination of Conservator

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
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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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 (e.g., a self-proving affidavit under §72-2-524). RON does not satisfy the two physically-present witness requirement of §72-2-522(1)(c) and cannot validate a Montana attested will without witnesses.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Montana does not allow remote online witnessing for estate planning documents. 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.

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