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The will of a decedent must be filed with the Clerk of Court so the personal representative may proceed with the administration of the estate.

No, in Montana, you do not need to notarize your will to make it legal. However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Does a Power of Attorney remain valid after a death? The short answer is no, a Power of Attorney dies with the person. A Power of Attorney is a document that grants another person permission to act on their behalf, during life, thus when that individual passes away, the document is null and void.

Under Montana legislation, this must be done in the following way: Both the Principal and the Agent must sign. A notary public must oversee the signing and sign too. If you are signing a Power of Attorney, you will need to have your signatured acknowledged by a notary public.

It is possible under Montana law to write your own will in your own handwriting. A handwritten will is called a holographic will. You must take care, however, that both the signature and the actual distribution provisions of the document are in your valid handwriting.

Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.