Simple Will - Montana

LAST WILL AND TESTAMENT

of [TESTATOR FULL LEGAL NAME]

This form is configured as a witnessed written will under Mont. Code Ann. § 72-2-522. It does not attempt an electronic-will, remote-witnessing, testamentary-trust, tax-planning, or special-needs-planning workflow.

1. DECLARATION

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS, COUNTY, MONTANA], being at least 18 years of age and of sound mind as required by Mont. Code Ann. § 72-2-521, declare this instrument to be my Last Will and Testament (the “Will”).

2. REVOCATION AND FAMILY INFORMATION

2.1 Revocation

I revoke all prior wills and codicils made by me. Mont. Code Ann. § 72-2-527 recognizes revocation through a subsequent will that revokes a prior will expressly or by inconsistency.

2.2 Family Information

Marital status: [MARRIED / SINGLE / WIDOWED / DIVORCED]

Spouse, if any: [SPOUSE FULL LEGAL NAME / NONE]

Children, including birthdates: [LIST / NONE]

Other descendants or dependents to address: [LIST / NONE]

3. DEBTS, EXPENSES, AND TAXES

My Personal Representative shall pay enforceable debts, funeral expenses, administration expenses, and taxes from the sources and in the order required by applicable law and any completed direction below.

Additional direction prepared or approved by Montana counsel: [________________________________]

4. TANGIBLE PERSONAL PROPERTY LIST

I may dispose of tangible personal property other than money through a separate written statement or list referred to by this Will. Under Mont. Code Ann. § 72-2-533, the writing must be signed by me and must describe the items and devisees with reasonable certainty. It may be prepared before or after this Will and may be altered after preparation.

Property not effectively disposed of by a qualifying list passes under the remaining provisions of this Will.

5. SPECIFIC GIFTS

Complete each gift and alternate disposition. Delete unused lines before signing.

1. I give [PROPERTY OR AMOUNT] to [BENEFICIARY FULL LEGAL NAME], if that beneficiary survives me by the period in Section 9.1. If not, I give that property to [ALTERNATE BENEFICIARY / RESIDUARY ESTATE].
2. I give [PROPERTY OR AMOUNT] to [BENEFICIARY FULL LEGAL NAME], if that beneficiary survives me by the period in Section 9.1. If not, I give that property to [ALTERNATE BENEFICIARY / RESIDUARY ESTATE].
3. Additional gift: [________________________________].

Montana counsel should check these dispositions against the Testator's title records, beneficiary designations, contracts, and other estate-planning documents.

6. RESIDUARY ESTATE

I give all the rest, residue, and remainder of my probate estate as follows:

☐ To [BENEFICIARY FULL LEGAL NAME], if that beneficiary survives me by the period in Section 9.1; otherwise to [ALTERNATE BENEFICIARY].

☐ In the following shares to the beneficiaries who satisfy Section 9.1: [NAMES, SHARES, AND ALTERNATE DISTRIBUTION].

☐ Other disposition prepared or approved by Montana counsel: [________________________________].

7. PERSONAL REPRESENTATIVE

7.1 Nomination

I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME AND ADDRESS] as Personal Representative. If that nominee does not serve, I nominate [SUCCESSOR NAME AND ADDRESS].

The nominee's priority and appointment remain governed by Mont. Code Ann. § 72-3-502 and the probate process; nomination by this Will is not itself a court appointment.

7.2 Bond

I request that my Personal Representative serve without bond. This request remains subject to Mont. Code Ann. §§ 72-3-513 and 72-3-514 and any court order. Section 72-3-513 distinguishes informal and formal proceedings and preserves circumstances in which bond may be required.

7.3 Administration and Powers

My Personal Representative shall proceed expeditiously and, except when the Code or a court order requires otherwise, without court direction as provided by Mont. Code Ann. § 72-3-605.

The Personal Representative is a fiduciary subject to Mont. Code Ann. § 72-3-610 and may exercise the powers authorized by this Will, Mont. Code Ann. §§ 72-3-613 and 72-3-619, and any controlling court order. Those powers include, when properly exercised for the estate and interested persons:

• retaining, managing, acquiring, selling, leasing, exchanging, or abandoning estate assets;
• depositing or prudently investing funds not currently needed or distributable;
• borrowing, insuring property, employing professional advisers, and paying proper administration expenses;
• prosecuting, defending, settling, or compromising claims; and
• distributing the estate in accordance with this Will and applicable law.

This Will does not grant blanket indemnity, cap fiduciary liability at estate value, or excuse breach of fiduciary duty.

8. OPTIONAL GUARDIAN NOMINATION FOR AN UNMARRIED MINOR CHILD

I nominate [PRIMARY GUARDIAN NAME AND ADDRESS] as guardian for each unmarried minor child of mine. If that nominee does not serve, I nominate [SUCCESSOR NAME AND ADDRESS].

Under Mont. Code Ann. § 72-5-211, a parent's testamentary appointment becomes effective only after the nominee files an acceptance in the court where the Will is probated and the statutory parental-death or incapacity condition is satisfied. A minor who is at least 14 may object as provided by § 72-5-213. The nomination remains subject to the court's authority and the priority rules in § 72-5-222.

9. GENERAL PROVISIONS

9.1 Survivorship

Unless this Will expressly provides otherwise, a beneficiary must survive me by 120 hours to take under this Will. Survival must be established as required by Mont. Code Ann. § 72-2-712.

9.2 Optional Contest Clause

☐ Include only after Montana counsel completes the substitute disposition: Except when probable cause exists for instituting the proceeding, an interested person who contests this Will or institutes another proceeding relating to my estate forfeits the gift provided here and is treated as [DESCRIBE SUBSTITUTE DISPOSITION]. Mont. Code Ann. § 72-2-537 makes such a penalty clause unenforceable when probable cause exists.

9.3 Governing Law and Court Authority

Montana law governs this Will except where another jurisdiction's mandatory law controls particular property or administration. Probate subject-matter jurisdiction and court powers are governed by Mont. Code Ann. § 72-1-202 and applicable venue law. This Will does not impose a fictional exclusive county forum or waive any jury-trial right that otherwise exists.

9.4 Construction

Headings are for convenience only. If a provision is invalid or unenforceable, the remaining provisions remain effective to the extent possible and consistent with my intent.

10. EXECUTION AND ATTESTATION

Section 72-2-522 requires a witnessed will to be in writing, signed by the Testator or by another individual in the Testator's conscious presence and at the Testator's direction, and signed by at least two individuals within a reasonable time after each witnessed the signing or the Testator's acknowledgment of the signature or Will. Section 72-2-525 governs who may witness and provides that an interested witness does not invalidate the Will or a provision, but disinterested witnesses should be used when reasonably available.

I sign this instrument willingly as my free and voluntary act on [__/__/____] at [CITY, MONTANA].

Testator signature: ____________________________________

Printed name: [TESTATOR FULL LEGAL NAME]

We, the undersigned witnesses, each sign within a reasonable time after witnessing the Testator sign this Will or after the Testator acknowledged the signature or acknowledged the Will.

11. OPTIONAL SELF-PROVING AFFIDAVIT

Use this simultaneous-execution form only if every declarant can truthfully make it before an officer authorized to administer oaths. It is intended to follow Mont. Code Ann. § 72-2-524(1) substantially and does not replace the execution requirements above.

I, [TESTATOR NAME], the Testator, sign my name to this instrument on [__/__/____] and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my Will; that I sign it willingly or willingly direct another to sign for me; that I execute it as my free and voluntary act for the purposes expressed in it; and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

Testator: ____________________________________

We, [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Will; that the Testator signs it willingly or willingly directs another to sign for the Testator; that each of us, in the presence and hearing of the Testator, signs this Will as witness to the Testator's signing; and that to the best of our knowledge the Testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

Witness 1: ___________________________________

Witness 2: ___________________________________

STATE OF [________________]

COUNTY OF [________________]

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, on [__/__/____].

Officer signature: _____________________________

Official capacity: _____________________________

Official seal:

12. SIGNING REVIEW

☐ Marital status, children, dependents, and prior wills or codicils were accurately identified.

☐ Every beneficiary, alternate beneficiary, gift, share, and survivorship condition was completed.

☐ The residuary clause disposes of the entire intended probate estate.

☐ Beneficiary designations, jointly owned property, trusts, business agreements, and digital-asset directions were reviewed for conflicts.

☐ Both witnesses completed the attestation block.

☐ The optional self-proving affidavit was used only if its facts were true and the authorized officer completed the certificate and seal.

☐ Unused alternatives and drafting instructions were removed before signing.

13. OFFICIAL SOURCES

• Mont. Code Ann. § 72-2-521 — capacity
• Mont. Code Ann. § 72-2-522 — witnessed and holographic wills
• Mont. Code Ann. § 72-2-524 — self-proved will
• Mont. Code Ann. § 72-2-525 — who may witness
• Mont. Code Ann. § 72-2-527 — revocation
• Mont. Code Ann. § 72-2-533 — tangible-property list
• Mont. Code Ann. § 72-2-537 — contest penalty
• Mont. Code Ann. § 72-2-712 — 120-hour survivorship
• Mont. Code Ann. § 72-3-502 — appointment priority
• Mont. Code Ann. § 72-3-513 — bond
• Mont. Code Ann. § 72-3-514 — demand for bond
• Mont. Code Ann. § 72-3-605 — administration without court order
• Mont. Code Ann. § 72-3-610 — fiduciary duties
• Mont. Code Ann. § 72-3-613 — authorized transactions
• Mont. Code Ann. § 72-3-619 — general powers
• Mont. Code Ann. § 72-5-211 — testamentary guardian
• Mont. Code Ann. § 72-5-213 — minor's objection
• Mont. Code Ann. § 72-5-222 — court appointment and priority
• Mont. Code Ann. § 72-1-202 — probate jurisdiction

End of Document