Make a Montana Last Will and Testament

Montana State Last Will and Testament Laws

Definition of Will - §72-1-103(56)

Laws - Title 72 (Estates, Trusts, and Fiduciary, Relationships)

Witnesses - According to §72-2-522, the Will must be signed by two (2) witnesses.

A Sample Montana Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Identify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, list that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Also, list the names of pets, and information about any life insurance policies.

Step 6 - Provide the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or for someone who is disabled in some manner, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, provide the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is a person charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to name a guardian to care for them if you die, provide the following information for them as well as for an alternate guardian and if you’d like, a conservator:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Sign your Will in the presence of your two witnesses. Remember that they must also sign the document in order for it to be legally executed.

Why do you need a Montana last will and testament form?

A Montana last will and testament is a document that provides for the distribution of your assets upon your death according to your wishes. Creating a will is an important step in estate planning. Assets such as real estate, digital property, jewelry, bank accounts, and more can all be left in a will to be distributed to a spouse, children, loved ones, friends, or charities. By creating a will you are also able to name an executor who will carry out your wishes.

The benefits of having a will

A last will and testament in the State of Montana is not legally required. However, there are many advantages to creating one.

• Any assets in your name can be distributed to named beneficiaries including family members, loved ones, or charities in whatever manner you desire.
• You can also name an executor in your will that will be responsible for carrying out your wishes as outlined by your will.
• A Montana will also allow for you to name a guardian for any dependents in your care and also allows for pet trusts to be included.

The costs of not having a will

Without a valid Montana will, upon your death, intestacy laws will be enacted. This means the distribution of your assets will be determined by the probate court. In the State of Montana, if there is no will in place, a surviving spouse will inherit the entirety of the estate. If there are any descendants, the spouse will receive the first $150,000 plus half of the remainder of the estate. Any descendants would split the rest. If the descendants are from a different relationship aside from the surviving spouse, the surviving spouse would inherit the first $100,000 plus half of the remainder. If there are no children, but there is a surviving spouse and surviving parents, the parents are also entitled to a portion of the estate. If there is no spouse, no children, and no surviving parents, the next closest relative will inherit the entirety of the estate. If no relative is located, the State of Montana absorbs the estate.