Does a will in Montana need to be notarized?

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.

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Montana Last Will and Testament for Married person with Minor Children

Montana Last Will and Testament for Married person with Minor Children

Name: Montana Last Will and Testament for Married person with Minor Children
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.66 (409 reviews)

Category:

Wills - For People with Children

State:

Montana

Control #:

MT-WIL-01480

Format:

Instant download

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Description

The Will you have found is for a married person with minor 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. It also establishes a trust and provides for the appointment of a trustee for the estate of the minor children.

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.

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How to fill out Montana Last Will And Testament For Married Person With Minor Children?

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FAQ

Self-written wills are typically valid, even when handwritten, as long as they're properly witnessed and notarized, or proven in court. A handwritten will that is not witnessed or notarized is considered a holographic will. Not all states accept holographic wills .

Contrary to popular belief, you do not need to have an attorney draft a will for you. Anyone can write this document on their own, and as long as it meets all of the legal requirements of the state, courts will recognize one you wrote yourself.

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.

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.

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.

While your will should still be valid in the new state, there may be differences in the new state's laws that may make certain provisions of the will invalid. In addition, moving is a good excuse to consult an attorney to make sure your estate plan in general is up to date.

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Last Will and Testament for Married person with Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Montana, but does contain basic and other provisions. This summary does not discuss handwritten wills or the situation where the testator cannot sign his or her name.

Who may make a will: An individual 18 or more years of age who is of sound mind may make a will. 72-2-521.

Execution: A will must be in writing, signed by the testator and signed by at least two individuals, each of whom signed within a reasonable time after having witnessed the signing of the will by the testator. 72-2-522.

Self-proved will: A will may be simultaneously executed, attested, and made self-proved by acknowledgment by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal. The will you have found contains the self-proving affidavit. 72-2-524.

Who may witness: An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it. 72-2-526.

Revocation by writing or act: A will or any part of a will is revoked:
(a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(b) by performing a revocatory act on the will if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touched any of the words on the will. 72-2-528.

Separate writing identifying disposition of tangible personal property:
(1) A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money.
(2) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.
(3) The writing may be:
(a) referred to as one to be in existence at the time of the testator's death;
(b) prepared before or after the execution of the will;
(c) altered by the testator after its preparation; and
(d) a writing that has no significance apart from its effect upon the dispositions made by the will. 72-2-533.

Contracts concerning succession:
(1) A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after July 1, 1975, may be established only by:
(a) provisions of a will stating material provisions of the contract;
(b) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) a writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 72-2-534.

Deposit of will with court in testator's lifetime: A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request or the court may deliver the will to the appropriate court. 72-2-535.

Duty of custodian of will-liability: After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. 72-2-536.

Penalty clause for contest: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. 72-2-537.

Last Will and Testament for Married person with Minor Children

Who may make a will: An individual 18 or more years of age who is of sound mind may make a will. 72-2-521.

Montana Last Will and Testament for Married person with Minor Children

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