Detailed Answer
Under Montana law, a valid will must be in writing, signed by the testator, and witnessed by two competent witnesses present at the same time (MCA § 72-2-502). Notarization is not required to make a will valid in Montana. Instead, a self-proving affidavit may streamline probate but its absence does not invalidate a will.
If your will lacks witness signatures, explore two alternatives:
- Holographic will: If the entire will is in the decedent’s own handwriting and signed, Montana recognizes it as valid (MCA § 72-2-505).
- Dispensing power: The court may accept a will that fails formal requirements if clear and convincing evidence shows the decedent intended the document as a will (MCA § 72-2-503).
To admit the will to probate, you must file in district court:
- Petition for Probate: File a petition for informal probate along with a copy of the will (MCA § 72-3-202).
- Evidence of Authenticity: Attach affidavits of witnesses or other credible persons attesting to the decedent’s signature and testamentary intent.
- Testamentary Intent Hearing: If formalities fail, request a hearing under MCA § 72-3-204 to determine whether the decedent intended the document as their will (MCA § 72-3-204).
- Notice: Provide notice to heirs and beneficiaries as required by MCA § 72-3-203.
- Appointment of Personal Representative: Once the court admits the will, it appoints an executor or personal representative to administer the estate.
This process ensures that even a will lacking formal execution can be reviewed by the court if you present strong evidence of its validity.
Helpful Hints
- Review the entire document to confirm handwriting consistency if claiming a holographic will.
- Collect sworn statements from anyone with knowledge of the decedent’s intent.
- Work with the clerk’s office to understand local filing fees and deadlines.
- Serve all interested parties promptly to avoid objections that can delay probate.
- Maintain organized copies of all filings and notices.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Montana.