Court Safekeeping of Original Wills in Montana

Short answer A testator or the testator's agent may deposit a will with any court under court rules. The will must remain sealed and confidential. During life, the court may deliver it only to the testator or someone the testator authorized in signed writing.
State
Montana
Statute checked
October 5, 2026
Sources
2 statutes

At a glance

Statutory safekeeping routeVoluntary lifetime deposit with any court under court rules (§ 72-2-535).
Who may depositTestator or testator's agent (§ 72-2-535).
Proper court or clerkAny court, subject to court rules (§ 72-2-535).
Envelope and filing recordWill must be sealed; section specifies no receipt or index (§ 72-2-535).
Fee and receiptSection 72-2-535 specifies no fee or receipt; court rules govern deposit.
Custody before deathCourt keeps will sealed and confidential (§ 72-2-535).
Retrieval before deathTestator or person authorized by testator's signed writing (§ 72-2-535).
Notice after deathOnce informed of death, court notifies designated recipient (§ 72-2-535).
Opening and release after deathCourt delivers to designated person on request or may deliver to appropriate court (§ 72-2-535).

Requirements one by one

Lifetime custody

Mont. Code Ann. § 72-2-535 requires the court to keep the deposited will sealed and confidential. It allows a conservator to examine a protected testator's will under procedures preserving confidentiality as far as possible, then requires the document to be resealed and kept on deposit.

Lifetime retrieval

Under § 72-2-535, the testator may receive the will, as may someone the testator authorized in a signed writing. The statute does not give an agent who made the deposit a separate right to retrieve it.

Notice after death

When told of the testator's death, the court notifies any person designated to receive the will. Section 72-2-535 permits delivery to that person on request or to the appropriate court.

What trips people up

The deposit is governed by court rules under § 72-2-535. The statute itself gives no fixed fee, receipt form, or indexing requirement. A separate postdeath custodian rule, § 72-2-536, requires delivery with reasonable promptness on an interested person's request and provides damages or contempt remedies for willful non-delivery.

Common questions

Can the testator's agent choose the court? Section 72-2-535 permits the testator or agent to deposit with any court, subject to that court's rules.

Can a conservator remove the protected person's will after examination? Section 72-2-535 calls for the will to be resealed and kept on deposit.

Statutes and sources

  • Mont. Code Ann. §§ 72-2-535–536: current official text, quoted with source URLs and access dates above.

Source links

Every statute quoted above, linked, with the date we checked it.

Mont. Code Ann. § 72-2-535 · accessed 2026-10-05
Mont. Code Ann. § 72-2-536 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

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