Wills and estate planning in Montana

Researched 2026-10-20 · confidence: medium · 2026 figures

In plain words: in Montana a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2
Handwritten (holographic) will	Recognised
Self-proving affidavit	Available
Electronic wills	Not allowed
Power of attorney	No notary · Uniform Power of Attorney Act
Health care directive	2 witnesses
State estate tax	No
State inheritance tax	No
Community property	No
Age of majority / UTMA age	18 / 21

Signing a will

Statute: Mont. Code Ann. §72-2-522.

Signing by an interested witness does not invalidate the will or any provision of it (Mont. Code Ann. §72-2-525(2)).

Holographic will valid whether or not witnessed if the signature and material portions are in the testator's handwriting (§72-2-522(2)). No electronic-wills statute found in Title 72, ch. 2, part 5. UPC harmless-error rule applies (§72-2-523). Research caveats: UTMA: 21 for gifts/will/trust transfers (72-26-604/605), 18 for fiduciary/obligor transfers (72-26-803). Elective-share schedule (§72-2-221), intestacy (§72-2-112) and self-proving (§72-2-524) from established UPC knowledge, not re-read. POA hot-powers/statutory-form section numbers not verified.

Power of attorney

Statute: Mont. Code Ann. §72-31-301 et seq. (Uniform Power of Attorney Act).

Statute requires only the principal's signature; notarial acknowledgment is optional but creates a presumption of genuineness (§72-31-305) and is needed for recording and third-party-acceptance protections - always notarize. Durable by default. Hot powers (gifts, trusts, beneficiary designations, survivorship, disclaimers) need express grant per UPOAA §201 (Montana section number not verified). Montana statutory form exists per UPOAA §301 (section number not verified).

Health care directive

Called: Declaration (living will) with optional designee.

Statute: Mont. Code Ann. §§50-9-101 to 50-9-206 (Montana Rights of the Terminally Ill Act).

The statute (§50-9-103) sets no witness disqualifications; best practice is two disinterested adults who are not the designee.

Declaration must be signed by the declarant (or another at direction) and witnessed by two individuals (§50-9-103(1)); may designate an adult to make decisions on withholding/withdrawing life-sustaining treatment, with statutory forms in §50-9-103. A health-care POA designation with written authority counts as a designation (§50-9-103(4)). Montana's UPOAA excludes health care decisions. Montana AG runs an End-of-Life Registry.

If there's no will: what a spouse gets

The surviving spouse takes the entire intestate estate when all of the decedent's descendants are also the spouse's and the spouse has no other descendants (Mont. Code Ann. §72-2-112).

A spouse's right to a share

Surviving spouse may elect a percentage of the augmented estate that increases with the length of marriage up to 50% (Mont. Code Ann. §72-2-221).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

UPC-based informal probate is relatively light; personal property may be collected by affidavit when the estate's net value does not exceed $100,000 (Mont. Code Ann. §72-3-1101).

Money God drafts a Montana will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.