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Montana Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage

State:
Montana
Control #:
MT-WIL-01590
Format:
Word; 
Rich Text
Instant download

Description

This is a Legal Last Will and Testament Form with Instructions for Married Person with Adult and Minor Children from Prior Marriage. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also provides for the appointment of a trustee for assets left to 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 Adult And Minor Children From Prior Marriage?

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FAQ

The Free Last Will and Testament Template for Word is compatible with Word 2003 or later versions.

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.

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.

In most situations, a will template is an easy and inexpensive way to make sure your wishes are known and carried out. Most people can get everything they need by using a will template, with little cost or hassle.

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.

The form may be downloaded in fillable Adobe PDF, Rich Text Format, and Microsoft Word templates and should be signed by the testator and at least two (2) witnesses or a notary public (See your State's Probate Code).

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.

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.

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 .

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Montana Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage