Montana Last Will & Testament Information

 

Wills in Montana allow the testator an opportunity to ensure their spouse, children, and other loved ones, are taken care of upon death. Montana law allows you to leave property or gifts to charitable organizations.

 

A Montana Last Will & Testament includes the following requirements:

  • The testator must be eighteen years old or older.  

  • They must also be of ‘sound mind’.​

  • The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).​

  • The signing of the Will requires at least two witnesses in order to make it valid. ​

  • Another requirement to make the Will valid is that it must be in written format.​

  • A Montana resident may bequeath their assets to any beneficiaries.

 

In Montana if you don’t have a will, the surviving spouse inherits the entire estate except in 2 situations:

  1. There are descendants with the spouse and the spouse has other descendants as well: the spouse takes $150,000 of the estate + ½ the balance.

  2. Decedent has descendants with both the spouse and from another relationship: the spouse takes $100,000 of the estate + ½ the balance.

 

If no children but there are both surviving spouse and parents, the parents are also entitled to a part of the estate. If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Click here if you have any questions about creating a last will in Montana.

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