Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana to address your specific situation.
Detailed Answer
Understanding Montana’s Will Requirements
Under Montana law, a valid will must meet specific formalities. Mont. Code Ann. § 72-2-502 requires a will to be in writing, signed at its end by the testator (or by another person in the testator’s presence and at the testator’s direction), and attested by at least two witnesses who sign in the testator’s presence. A will that fails these requirements may be declared invalid by the court.
1. Search the Decedent’s Personal and Digital Records
Begin by reviewing the decedent’s personal files, safe deposit boxes, email, cloud storage, and computer files. Look for documents titled “Last Will and Testament,” “Living Trust,” or similar names. Contact the decedent’s attorney, financial advisor, or accountant, as they often maintain copies of estate planning documents.
2. Contact the County Clerk of District Court
Montana law requires the custodian of an original will to deliver it to the district court clerk in the decedent’s county of residence within 30 days of learning of the death (Mont. Code Ann. § 72-3-204). The clerk records the will in the Master Record of Registered Wills (Mont. Code Ann. § 72-3-206), which is open for public inspection. You can request a search by the decedent’s name and date of death.
3. Review Probate Court Filings
If someone has already filed for probate, the will may appear in court records. Visit the district court’s probate division in person or online. Search case files by the decedent’s full name. If a will exists, you can obtain a certified copy for your probate petition.
4. Check with the Montana State Bar and Local Bar Associations
The State Bar of Montana offers a lawyer referral service. If the decedent used a Montana attorney for estate planning, you may locate that attorney through the State Bar or a local bar association directory.
5. Understand Intestate Succession if No Will Exists
If you do not find a valid will, Montana’s intestate succession laws will apply. Under Mont. Code Ann. § 72-1-201, the court distributes assets to surviving spouses, children, parents, or other relatives in a set order. You or a personal representative must file an application for probate under Montana law.
Helpful Hints
- Search electronic accounts: Many people store scanned copies of wills in cloud services.
- Check safe deposit boxes: You may need a court order to gain access after the decedent’s death.
- Talk to family members: They may recall where documents are stored or which attorney was used.
- Use exact names and dates when searching court records to narrow results.
- Keep any discovered documents in a secure place to preserve their validity.