This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.
Montana Last Will and Testament for Married person with Adult Children
Category:
State:
Montana
Control #:
MT-WIL-01478
Format:
Word;
Rich Text
Instant download
Description
The Will you have found is for a married person with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children.
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FAQ
A will doesn't have to be notarized to be valid. But in most states, you'll want to add a self-proving affidavit to your will, which must be signed by your witnesses and notarized.If you sign your will in a lawyer's office, the lawyer will provide a notary public.
You can legally prepare your own will, it can even be handwritten. This type of will is known as a "holographic will." In Montana, your handwritten will must be signed by you. Your signature must also be located on any material provisions, and no witnesses will need to be present for the signing of your will.
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.
If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you don't have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.
A notarized will does not need to be probated.When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court. Similarly, any non-notarized modification made to a will must be probated, whether the will is notarized or not.
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.
Yes, a person can make his or her own will, but it must be in the testator's own handwriting. This type of will is called a holographic will. Such a will is valid if the signature and the material provisions are in the handwriting of the testator.
You can legally prepare your own will, it can even be handwritten. This type of will is known as a "holographic will." In Montana, your handwritten will must be signed by you. Your signature must also be located on any material provisions, and no witnesses will need to be present for the signing of your will.