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Do All Estates Have to Go Through Probate in Montana? Unless the estate is in a living trust, it will need to go through probate in Montana. However, it may be eligible for informal probate, which allows for the executor to handle all of the process without court intervention.

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.

A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will. Who can write my will? While you can write your own will it is advisable that you seek legal counsel.

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. Montana has both formal (court-directed) and informal probate as well as a simplified probate process for small estates.

A will must be in writing. Verbal or video taped wills are not legally recognized by federal law. A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will.

A written will is valid in Montana if executed (signed and witnessed) ing to Montana law, the law of the state or country where the will was executed, or the law of the place where, at the time of death, the testator is domiciled, has a place of abode, or is a national.