What Happens if a Will Wasn’t Properly Signed Under Montana Law?

Quick answer: If a decedent’s will was not properly signed under Montana law, a probate court can refuse to admit it and treat the estate as intestate (without a valid will). That usually means the estate will be distributed under Montana’s intestacy rules, not according to the decedent’s intended plan. In some cases, a court may still admit an improperly executed document if Montana law or case law allows validation based on intent or other doctrines. This article explains how Montana law commonly treats improper wills, what steps interested parties should take, and where to look in the Montana Code.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For advice about a specific situation, contact a licensed Montana probate attorney.

What Montana requires for a valid will

Montana requires certain formalities for a will to be valid. Generally these elements include:

The document must be the testator’s (decedent’s) last will and testament.
The testator must have had testamentary capacity when the document was signed.
The testator must sign the will (or direct someone to sign for them) with the intent that the document be their will.
The signature must generally be witnessed in the manner required by statute, or the will must meet any statutory exceptions (for example, self-proving affidavits or recognized handwritten/holographic will rules where applicable).

For the exact statutory language applicable in Montana, consult the Montana Code Annotated governing wills and probate. The Montana legislature’s official code is available at the Montana Code pages on the Montana Legislature website: https://leg.mt.gov/bills/mca/. For practical information about Montana probate procedures, see the Montana Judicial Branch self-help probate pages: https://courts.mt.gov/Self-Help/Probate.

Consequences if a will is not properly signed and is treated as invalid

If the probate court determines the will fails to meet Montana’s execution requirements and the court does not validate it by another doctrine, the common consequences are:

Refusal to admit the will: The court will not admit the will to probate. Without an admitted will, the estate proceeds under Montana’s laws of intestate succession.
Intestate distribution: The estate’s assets will go to heirs under Montana’s intestacy rules (usually surviving spouse, children, parents, siblings, etc.). Montana’s intestacy rules are found in the Montana Code; they determine who inherits and in what shares.
Appointment of a personal representative: The court will appoint an administrator or personal representative to manage and distribute the estate according to intestacy rules and Montana probate procedures.
Potential litigation: Interested parties may contest the court’s ruling, assert that the document should be treated as a will under doctrines like substantial compliance or harmless error, or challenge intestacy distributions (for example, on grounds of undue influence, lack of capacity, or fraud).

Can an improperly signed will still be admitted?

Depending on Montana law and the evidence presented, a court may sometimes admit an improperly executed document if it finds the decedent intended the document to operate as a will. Courts in some jurisdictions apply doctrines such as substantial compliance or the harmless error rule to validate documents that fail a formal requirement but show clear testamentary intent. Whether Montana courts apply those doctrines, and the standard of proof required, depends on Montana statutes and case law.

Because this area involves technical statutory interpretation and case law, consult the Montana Code and a probate attorney to evaluate whether a specific improperly signed document might be admitted anyway.

Practical steps for heirs, personal representatives, or challengers

If you face a situation where a will may be invalid for lack of proper signature, consider these practical steps:

Preserve the original document and any drafts, notes, or cover letters. Do not alter the paper or signatures.
Identify and preserve potential witnesses. If witnesses observed the signing or have relevant knowledge about the decedent’s intent, get their contact details and statements.
Locate contemporaneous evidence of intent — emails, letters, recorded statements, or a self-proving affidavit — that might show the decedent intended the document to be their will.
File the proper probate petition promptly. If you are the nominated personal representative under the will, file a petition to admit the will or a petition for administration if the will is rejected.
If you are unsure of the right procedural route, consult a Montana probate attorney quickly. Probate deadlines, creditor periods, and procedural rules can affect rights and remedies.

What to expect in Montana probate if the will is rejected

Typical steps include:

The court determines whether a will may be admitted. If it is not, the estate opens under intestacy.
The court appoints a personal representative or administrator. That person inventories assets, notifies creditors, pays valid debts and taxes, and prepares a final distribution.
Family and other potential heirs receive notice and an opportunity to be heard. Disputes over distribution, capacity, or undue influence may lead to litigation.

Timing and deadlines

Probate law imposes timelines for filing petitions, giving notice, and handling creditor claims. Failing to act within required timeframes can affect rights to contest or defend distributions. Seek legal guidance right away to preserve claims and comply with Montana procedures.

Hypothetical example

Hypothetical: Jane signed what she believed was her will, but she did not sign in front of the required witnesses. After Jane dies, the named beneficiaries try to admit the document. The probate judge reviews the document and the testimony. If the judge finds the signature and the circumstances do not meet Montana’s formal execution rules and no statutory exception applies, the judge will refuse to admit the will. Jane’s estate would then pass by intestacy to her spouse and children under Montana law, rather than to the beneficiaries named in the incorrectly executed paper. If the beneficiaries can present persuasive evidence of Jane’s testamentary intent and Montana law allows validation in those circumstances, the judge could nonetheless admit the document.

How a Montana probate attorney can help

Evaluate whether the document can be admitted despite formal defects.
Prepare and file petitions to admit the will or to open an intestate estate.
Collect and present witness testimony and other proof of intent.
Represent parties in contests and settlement negotiations.

Helpful Hints

Do not destroy or alter the original will or related documents. Courts rely on originals.
Gather witnesses and contemporaneous evidence quickly while memories remain fresh.
If the testator is still alive, have them re-execute a properly witnessed will as soon as possible.
Keep careful records of communications and any distributions made before probate is finalized; unauthorized gifts can create disputes.
Check Montana’s probate deadlines and filing requirements; missing a deadline can forfeit rights.
When in doubt, consult a Montana probate attorney to protect your rights and avoid costly mistakes.

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Montana — What Happens if a Will Wasn’t Properly Signed?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.