A Montana Last Will and Testament is a legal document that allows a person, referred to as a Testator to delegate and disperse their assets after they pass away. In Montana, these forms are governed by Title 72 of the Montana Code, which dictates that a Testator must be at least 18 years of age or older and of sound mind. The term "sound mind" refers to the fact that the Testator must have a full knowledge and understanding of this document and its function. In Montana, these statutes are clear that all wills must be signed by the Testator and two (2) witnesses. In addition, these statutes prohibit the employment of an oral, or Nuncupative Will, but will allow the use of a Holographic Will (handwritten) if the will is written and signed entirely under the Testator's hand.
Completing a last will and Testament in Montana is a simple process that will require attention to detail in order to ensure that the will is clear. Clarity in a will prevents disagreements in an already hard time, and can prevent beneficiaries from going to court. The first thing that a Testator must do when completing a will is to provide their full name and complete address. Once this information has been provided, the Testator will then provide the information to their Executor. In the next section, the Testator will begin to list who will inherit various property, liquid assets, and other items in his or her estate. Once the document is complete, the Testator will then sign the document (along with the two witnesses) and the document may then take effect.