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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

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorneyNone requiredRecommended
Healthcare directive2 requiredNot required

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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.

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

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

•A recorded transfer on death deed is not revoked by a later will. Once a Montana TOD deed is recorded it can be revoked only by a later recorded TOD deed, a recorded instrument of revocation, or a recorded deed made during your lifetime, and the statutory form itself says you may not revoke the TOD deed by will. If you have recorded a TOD deed on Montana real property and want that property to pass under this will instead, record a revocation before you sign (Mont. Code §§72-6-410, 72-6-415).
ViewSelf-proving affidavit wording
THE STATE OF MONTANA COUNTY OF _______________ We, {testatorName}, _______________, and _______________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator executed it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence. ___________________________________ {testatorName}, Testator ___________________________________ Witness ___________________________________ Witness Subscribed, sworn to, and acknowledged before me by {testatorName}, the testator, and subscribed and sworn to before me by _______________ and _______________, witnesses, this _____ day of ______________, 20____. (SEAL) (Signed) ___________________________________ ___________________________________ (Official capacity of officer)
ViewWitness disqualification / interested-witness rule
Mont. Code §72-2-525: the signing of a will by an interested witness does not invalidate the will or any provision of it. Montana follows the no-purging rule, so a gift to a witness is not forfeited. Using disinterested witnesses remains best practice.
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

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.

3

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

•Montana requires only that the power of attorney be signed by the principal, or signed in the principal's conscious presence by another individual at the principal's direction (Mont. Code §72-31-305). Acknowledgment before a notary public is not a condition of validity; its statutory effect is that the signature is presumed genuine. Because acknowledgment also unlocks the acceptance protections below, this power of attorney is prepared for notarization.
•Durability is presumed unless the power of attorney expressly states otherwise. Mont. Code §72-31-304
•An acknowledged power of attorney carries acceptance protections: a person who refuses to accept one in violation of the statute is subject to a court order mandating acceptance and to liability for reasonable attorney fees and costs incurred in the proceeding (Mont. Code §§72-31-324, 72-31-325)
•Unless this power of attorney provides otherwise, a spouse-agent's authority terminates when an action is filed for dissolution or annulment of the marriage to the principal, or for their legal separation. Termination is triggered by the filing, not by entry of a decree. A principal who wants the spouse's authority to continue during proceedings must say so expressly in this power of attorney; otherwise, name a successor agent (Mont. Code §72-31-310(2)(c))
ViewWarning notice for the principal
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 are set by statute (Mont. Code §50-9-104)
•Montana imposes no statutory bar on a designated agent serving as a witness (Mont. Code §50-9-103); disinterested witnesses remain best practice but are not required by statute
ViewWitness disqualification recital
Mont. Code §50-9-103(1) requires only that the declaration be signed by the declarant, or by another at the declarant's direction, and witnessed by two individuals. Montana imposes no statutory disqualification on who may serve as a witness to this declaration: it does not bar a relative, an heir, the designee named to make treatment decisions, the attending physician, an employee of a health care provider, or a person financially responsible for the declarant's care. The optional statutory forms at §50-9-103(2) and (3) ask each witness to attest only that the declarant voluntarily signed the document in the witness's presence. Two disinterested adults remain sound practice, because a witness with no stake in the outcome is harder to challenge if the declaration is later questioned, but §50-9-103 does not require it.
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. 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.

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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, 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.

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