Montana: Will Execution Requirements
The short answer
To sign a valid witnessed will in Montana you must be at least 18 and of sound mind, put the will in writing, sign it (or have someone sign for you in your conscious presence and at your direction), and have at least two witnesses who each sign within a reasonable time after watching you sign or hearing you acknowledge the will. Notarization is not required. Montana also recognizes a handwritten (holographic) will — valid with no witnesses if the signature and material portions are in your own handwriting — and has a harmless-error rule that can save a will that missed a formality if there is clear and convincing evidence you meant the document as your will. Montana does not allow electronic wills.
Ask Ezel about your situation
This is the general rule in Montana. Ezel applies current Montana law to your specific facts and answers with citations to the statutes.
| Governing law | Montana Uniform Probate Code, Title 72, Chapter 2, Part 5. The core execution statute is § 72-2-522; § 72-2-521 sets who may make a will, § 72-2-523 ("writings intended as wills") is the harmless-error provision, § 72-2-524 the self-proving affidavit, and § 72-2-525 who may witness. Montana adopted the modern Uniform Probate Code, so it recognizes holographic wills, uses the 'reasonable time' witnessing rule, applies the no-effect interested-witness rule, and has a harmless-error escape hatch. It has NOT adopted electronic wills |
|---|---|
| Minimum age & capacity | An individual 18 or more years of age who is of sound mind may make a will (§ 72-2-521). You must be at least 18 — there is no emancipated-minor exception — and of sound mind. The statute does not define 'sound mind'; Montana case law supplies the test — the testator must understand they are making a will, know the natural objects of their bounty (the people who would ordinarily inherit), and know the nature and extent of their property. Capacity is measured at the time of signing |
| Writing & signature | Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 72-2-522(1)(b)). If you cannot sign, another person may sign for you, but only in your conscious presence (you must be aware it is happening) and at your direction. There is no signature-at-the-end rule |
| Witnesses required | At least two witnesses under the modern Uniform Probate Code rule: each witness must sign 'within a reasonable time after' witnessing either the signing of the will or the testator's acknowledgment of the signature or of the will (§ 72-2-522(1)(c)). The witnesses need not be present at the same time, and a witness may sign somewhat later. A witness need only be 'generally competent' (§ 72-2-525(1)). Interested witness: signing by an interested witness 'does not invalidate the will or any provision of it' — the modern no-effect rule (§ 72-2-525(2)) |
| Notarization & self-proving | Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under § 72-2-524, executed with the will or later before an officer authorized to administer oaths, letting the will be admitted to probate without live witness testimony. A signature on the self-proving affidavit 'is considered a signature affixed to the will if necessary to prove the will's due execution' (§ 72-2-524(3)) |
| Handwritten (holographic) wills | Yes. A will is valid as a holographic will, with or without witnesses, 'if the signature and material portions of the document are in the testator's handwriting' (§ 72-2-522(2)). Only the signature and the material (dispositive) provisions must be handwritten; § 72-2-522(3) allows extrinsic evidence, including the non-handwritten portions, to show you intended the document as your will. There is no date requirement |
| Electronic & remote wills | Not permitted. Montana has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 72-2-522 requires a physically signed writing witnessed by two people, and even the harmless-error rule reaches only 'a document or writing' (§ 72-2-523), not an audio or video recording. A will signed or witnessed only electronically or over video is not a valid Montana will — though a fully handwritten one may qualify as a holographic will |
| Harmless-error / curative doctrine | Yes. Under § 72-2-523 ('writings intended as wills'), a document not executed in compliance with § 72-2-522 is still treated as validly executed if the proponent proves 'by clear and convincing evidence' that the decedent intended it as their will (or as a revocation, alteration, or revival of a will). It is a genuine escape hatch, but the clear-and-convincing standard is demanding and it reaches only 'a document or writing' — a purely oral or recorded statement, with no written document, does not qualify |
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Requirements one by one
Governing law
Montana's will-execution rules are in the Montana Uniform Probate Code, Title 72, Chapter 2,
Part 5. The core statute is § 72-2-522 (writing, signature, two witnesses); § 72-2-521 says who
may make a will; § 72-2-523 ("writings intended as wills") is the harmless-error provision;
§ 72-2-524 provides the self-proving affidavit; and § 72-2-525 covers who may witness and the
interested-witness rule. Montana adopted the modern Uniform Probate Code, which gives it several
features together: holographic wills, a relaxed "reasonable time" witnessing rule, the modern
no-effect interested-witness rule, and a harmless-error escape hatch. Montana has not, however,
adopted electronic wills.
Minimum age & capacity
"An individual 18 or more years of age who is of sound mind may make a will" (§ 72-2-521). You
must be at least 18 — there is no emancipated-minor exception — and of sound mind. The statute
does not define "sound mind"; Montana courts apply the familiar test: you must understand that
you are making a will, know the people who would normally receive your property (the natural
objects of your bounty), and know the general nature and extent of what you own. Capacity is
judged at the moment of signing.
Writing & signature
A Montana will must be in writing and "signed by the testator or in the testator's name by some
other individual in the testator's conscious presence and by the testator's direction"
(§ 72-2-522(1)(b)). If you cannot sign yourself, someone may sign for you — but only in your
conscious presence, meaning you are aware it is happening, and at your direction. There is no
rule that the signature appear at the end of the document.
Witnesses required
A Montana will needs at least two witnesses, and Montana uses the modern Uniform Probate Code
timing rule: each witness must sign "within a reasonable time after" witnessing either the
signing of the will or the testator's acknowledgment of the signature or of the will
(§ 72-2-522(1)(c)). Two things follow. First, the witnesses do not have to be present at the
same time — Montana does not use the stricter "present at the same time" rule some states
impose. Second, a witness can sign a little later, so long as it is within a reasonable time
after witnessing. A witness need only be "generally competent" (§ 72-2-525(1)).
On interested witnesses, Montana uses the modern no-effect rule: "The signing of a will by an
interested witness does not invalidate the will or any provision of it" (§ 72-2-525(2)). A
beneficiary who also serves as a witness keeps the gift, and the will stands. Using
disinterested witnesses is still good practice because it removes an argument for undue
influence, but it is not required for validity.
Notarization & self-proving
A Montana will does not have to be notarized to be valid — a notary is not one of the two
required witnesses. What a notary supports is the self-proving affidavit under § 72-2-524, which
the testator and witnesses may sign with the will or later before an officer authorized to
administer oaths. A self-proved will can be admitted to probate without bringing the witnesses
back to testify. Montana adds a backstop: a signature on the self-proving affidavit "is
considered a signature affixed to the will if necessary to prove the will's due execution"
(§ 72-2-524(3)), so an affidavit signature can shore up a will whose signing is questioned.
Handwritten (holographic) wills
Montana recognizes holographic wills. Under § 72-2-522(2), a will is valid "whether or not
witnessed, if the signature and material portions of the document are in the testator's
handwriting." Only the signature and the material (dispositive) provisions must be in your own
hand; preprinted or typed portions are allowed, and § 72-2-522(3) lets a court use extrinsic
evidence — including the non-handwritten parts — to establish that you intended the document as
your will. There is no date requirement, though dating a handwritten will is still sensible.
Electronic & remote wills
Montana does not permit electronic wills. It has not enacted the Uniform Electronic Wills Act or
any electronic-wills statute, so § 72-2-522's requirement of a physically signed writing
witnessed by two people still controls. Even Montana's harmless-error rule reaches only "a
document or writing" (§ 72-2-523), so a will that exists only as a computer file "signed" by
typing a name, or that was witnessed only over video, is not a valid Montana will. A fully
handwritten document may still qualify as a holographic will, and the harmless-error rule can
sometimes rescue a defective written document.
Harmless-error / curative doctrine
Montana has a harmless-error rule, one of the reasons its law is comparatively forgiving. Under
§ 72-2-523 ("writings intended as wills"), a document not executed in compliance with § 72-2-522
is nonetheless "treated as if it had been executed in compliance" if the proponent establishes
"by clear and convincing evidence" that the decedent intended it as their will (or as a
revocation, alteration, or revival of a will). That can save a will that missed a formality —
for example, one signed by only one witness. But there are real limits: the clear-and-convincing
standard is demanding, and the rule reaches only "a document or writing," so a purely spoken or
video-recorded statement, with nothing in writing, cannot be probated this way. Meeting the
ordinary formalities is far safer.
What trips people up
Harmless error needs a written document, not a recording. Section 72-2-523 can rescue a
defective will, but only "a document or writing" — a video or voice recording of you describing
your wishes, with nothing written and signed, does not qualify, no matter how clear it is. If
you want your wishes to control, put them in a signed writing.
Notarizing a will is not the same as witnessing it. Taking a typed will to a notary does
not satisfy § 72-2-522, which requires two witnesses. Notarization matters only for the
self-proving affidavit under § 72-2-524 (which, in Montana, can also back up the will's
signature if execution is questioned).
"Reasonable time" is a safety net, not a plan. Montana lets a witness sign within a
reasonable time after watching you sign or hearing your acknowledgment (§ 72-2-522(1)(c)), but
the cleanest practice is still to have both witnesses watch you sign and sign right then.
Stretching the timing invites a fight over what was "reasonable."
A handwritten will still needs the key terms in your hand. A holographic will requires the
signature and the material provisions to be handwritten (§ 72-2-522(2)). A typed will you merely
sign is not a holographic will — it has to meet the ordinary two-witness rules instead.
Common questions
Does my Montana will have to be notarized? No. Montana requires two witnesses, not a notary
(§ 72-2-522). Notarization only supports the optional self-proving affidavit under § 72-2-524,
which makes probate easier but is not required for validity.
Can I handwrite my own will without witnesses? Yes. Montana recognizes holographic wills: if
your signature and the material provisions are in your own handwriting, the will is valid with
no witnesses (§ 72-2-522(2)). There is no date requirement, but keep the gifts clear.
Can a video of me stating my wishes serve as my will? No. A Montana will must be a written,
signed document, and even the harmless-error rule (§ 72-2-523) applies only to "a document or
writing" — not a video or audio recording. Put your wishes in a signed writing with two
witnesses.
What happens if only one person witnessed my will? Ordinarily that fails the two-witness
rule, but Montana's harmless-error statute (§ 72-2-523) can still save it if there is clear and
convincing evidence you intended the document as your will. That is an uphill, costly fight — use
two witnesses.
Statutes and sources
- Mont. Code Ann. § 72-2-521 — who may make a will: an individual 18 or older of sound mind.
https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0210/0720-0020-0050-0210.html (accessed 2026-07-11) - Mont. Code Ann. § 72-2-522 — execution: writing, signature (or a proxy in the testator's conscious presence), two witnesses signing within a reasonable time; holographic wills; intent by extrinsic evidence.
https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0220/0720-0020-0050-0220.html (accessed 2026-07-11) - Mont. Code Ann. § 72-2-523 — harmless error ("writings intended as wills"): a noncompliant document or writing is treated as a valid will on clear and convincing evidence of the decedent's intent.
https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0230/0720-0020-0050-0230.html (accessed 2026-07-11) - Mont. Code Ann. § 72-2-524 — self-proving affidavit; a signature on the affidavit counts as a signature on the will if needed to prove due execution.
https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0240/0720-0020-0050-0240.html (accessed 2026-07-11) - Mont. Code Ann. § 72-2-525 — who may witness (generally competent); an interested witness does not invalidate the will or lose the gift. (Fetched from the on-domain legacy path because the current per-section page returned only the History line — see verified_via.)
https://mca.legmt.gov/bills/2007/mca/72/2/72-2-525.htm (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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