Montana Will and Trust Laws: Witnesses, Holographic Wills (2026)

Montana's main will-execution rules sit in Title 72, chapter 2, part 5 of the Montana Code Annotated. A person 18 or older and of sound mind may make a will (MCA 72-2-521), and under MCA 72-2-522 the will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction) and signed by at least two individuals who each witnessed the signing or the testator's acknowledgment. A will that does not meet those rules can still be valid as a holographic will if the signature and material portions are in the testator's handwriting, and the code also has a harmless-error rule (72-2-523). Revocable living trusts are governed by the Montana Uniform Trust Code, Title 72, chapter 38.

This page is part of the site's wills and trusts laws by state series. Montana's will statutes follow the Uniform Probate Code, and three features stand out: section 72-2-522 does not require witnesses to sign in any particular person's presence, an interested witness does not invalidate the will or any gift in it, and the divorce rule reaches well beyond the will itself.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana statutes on making, signing, changing and revoking wills (MCA Title 72, chapter 2) and on revocable living trusts (the Montana Uniform Trust Code, Title 72, chapter 38). It does not cover what happens when someone dies without a will or how probate works (see Montana probate), small-estate procedures (see the Montana small estate affidavit page), powers of attorney (see Montana power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Montana advance directive tool.

What makes a will valid in Montana?

Who may make a will. Section 72-2-521 is one sentence: "An individual 18 or more years of age who is of sound mind may make a will."

How it must be signed and witnessed. Section 72-2-522(1) sets the general execution rule:

"(1) Except as provided in 72-2-523, 72-2-526, 72-2-533, and subsection (2) of this section, a will must be: (a) in writing; (b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will." (MCA 72-2-522(1))

Several points follow from the text:

• Two witnesses, not three. At least two individuals must sign.
• What the witnesses watch. Each witness must have witnessed either the testator's signing or the testator's acknowledgment of the signature or of the will. A testator who signed earlier can acknowledge the signature to a witness afterward.
• When the witnesses sign. Each witness must sign "within a reasonable time" after witnessing. Section 72-2-522 does not say the witnesses must sign in the testator's presence or in each other's presence, although the self-proving affidavit forms described below assume they did.
• No notary. Section 72-2-522 contains no notarization requirement. A notary or other officer becomes relevant only for the self-proving procedure described below.
• Signing for the testator. Someone else may sign the testator's name, but only in the testator's conscious presence and by the testator's direction.

Who may witness, and interested witnesses

Under section 72-2-525, "(1) An individual generally competent to be a witness may act as a witness to a will. (2) The signing of a will by an interested witness does not invalidate the will or any provision of it." A beneficiary who signs as a witness therefore does not lose the gift, and the will is not invalidated by that signature.

Wills signed in another state or country

Section 72-2-526 accepts a will validly made elsewhere: "A written will is valid if executed in compliance with 72-2-522 or 72-2-523 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national."

International wills. Montana has also enacted the Uniform International Will Act (part 9 of Title 72, chapter 2). Under section 72-2-903, the testator declares in the presence of two witnesses and an authorized person that the written document is the testator's will, signs it (or acknowledges an earlier signature) in their presence, and the witnesses and the authorized person then sign in the testator's presence. Under section 72-2-908, the authorized person is an individual admitted to practice law in Montana and currently licensed. Section 72-2-902(2) provides that a will that fails as an international will can still be valid as a will of another kind.

Does a Montana will need to be notarized? The self-proving affidavit

No notarization is needed for a will to be valid. Montana offers an optional self-proving procedure in section 72-2-524, which adds an acknowledgment by the testator and affidavits by the witnesses:

"(1) A will may be simultaneously executed, attested, and made self-proved by acknowledgment by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form" (MCA 72-2-524(1))

The section allows two routes:

• At signing. The will is executed, attested and made self-proved in one combined procedure under subsection (1).
• Later. Under subsection (2), "An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs."

Section 72-2-524 also provides that a signature on an attached self-proving affidavit counts as a signature on the will if that is needed to prove the will was duly executed. The acknowledgment and affidavit forms are set out in section 72-2-524 itself; this page does not reproduce them. In both forms, each witness states that he or she signed "in the presence and hearing of the testator," so the self-proving procedure assumes the witnesses signed in the testator's presence even though section 72-2-522 does not require it for validity. How a self-proved will is handled once it is offered for probate is covered on the Montana probate page.

Are handwritten (holographic) wills valid in Montana?

Yes. Section 72-2-522(2) provides: "A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting."

Three features stand out:

• No witnesses are needed for a holographic will.
• The whole document need not be handwritten. The test is the signature and the "material portions." Under 72-2-522(3), "Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting."
• No date requirement. Subsection (2) does not mention a date.

Are oral (nuncupative) wills valid in Montana?

No. Section 72-2-522 requires a will to be "in writing," and the holographic route in subsection (2) also depends on a handwritten signature and handwritten material portions. Part 5 of Title 72, chapter 2, which governs will execution, contains no provision for an oral will.

Harmless error: when a will is not signed correctly

Montana has a dispensing power. Section 72-2-523, "Writings intended as wills," provides:

"Although a document or writing added upon a document was not executed in compliance with 72-2-522, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will;" (MCA 72-2-523)

The section continues with other purposes the document may have been intended to serve, including a revocation, an alteration or a revival of a will. The burden is on the person offering the document, and the standard is clear and convincing evidence. The rule is a fallback for a document that falls short of section 72-2-522; it is not a separate way to make a will.

Electronic wills and remote witnessing

Part 5 of Title 72, chapter 2 contains no electronic-will provision, and section 72-2-522 requires a will "in writing." The will statutes do not address witnesses who attend by video. Montana's Uniform Electronic Transactions Act also does not apply to a transaction to the extent it is governed by "a law governing the creation and execution of wills, codicils, or testamentary trusts" (MCA 30-18-103(2)(a)).

Montana does allow remote notarization in general. Under the notary statutes, an individual making a statement or executing a signature "shall appear physically before the notarial officer or by communication technology as authorized in 1-5-615 and rules adopted pursuant to 1-5-628," and a notarial officer may perform a remote notarization or remote online notarization only if the officer "is physically located in this state at the time the notarial act is performed" (MCA 1-5-603). Those notary rules govern notarial acts; they do not amend section 72-2-522's witness requirement.

During the 2020 COVID-19 emergency, the Secretary of State adopted Temporary Emergency Rule I, effective April 8, 2020. It dealt only with the electronic image of a remote notary's official stamp, did not concern the witnessing of wills, and, as an emergency rule, could be effective for no longer than 120 days (MCA 2-4-303(1)(a)).

Changing or revoking a Montana will

Revocation by a later will or by a physical act

Section 72-2-527 allows revocation by a later will or by a revocatory act. Under subsection (1)(b), a will is revoked "by performing a revocatory act on the will if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction." The section defines a revocatory act as including "burning, tearing, canceling, obliterating, or destroying the will or any part of it." A later will that makes a complete disposition of the estate is presumed to replace the earlier will, a presumption that can be rebutted only by clear and convincing evidence.

Reviving an earlier will

Revoking a later will does not automatically restore the one it replaced. Under section 72-2-529(1), "If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under 72-2-527(1)(b), the previous will remains revoked unless it is revived." The previous will is revived only if it is evident that the testator intended it to take effect. Where the later will only partly revoked the earlier one, the revoked part is revived unless it is evident the testator did not intend that, and where the later will is itself revoked by yet another will, the earlier will stays revoked unless the terms of the newest will show an intent to revive it.

Marriage, children and other life changes

Section 72-2-528 provides: "Except as provided in 72-2-813 and 72-2-814, a change of circumstances does not revoke a will or any part of it." Marriage and the birth of a child do not revoke a Montana will. Instead, a spouse married after the will and a child born or adopted after it have the protections described under limits on what a will can do, below.

Section 72-2-813 is one exception: "An individual who financially exploits or feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance." Revocable dispositions to that person in governing instruments are revoked as well.

Divorce: the will, revocable trusts and beneficiary designations

Section 72-2-814 is the other exception, and its reach is wide. Subsection (2) provides:

"(2) Except as to a retirement system established in Title 19 or as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage: (a) revokes any revocable: (i) disposition or appointment of property made by a divorced individual to the individual's former spouse in a governing instrument" (MCA 72-2-814(2))

The key word is "governing instrument." Montana defines it in the definitions section, 72-1-103(20): "'Governing instrument' means a deed; will; trust; insurance or annuity policy; account with POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive, appointive, or nominative instrument of any similar type." So the divorce rule applies not only to a will but also to revocable-trust provisions and revocable beneficiary designations, among others.

The conditions matter:

• Instruments executed before the divorce. Section 72-2-814 applies to governing instruments executed before the divorce or annulment.
• What is revoked. Revocable dispositions and appointments of property to the former spouse (and to the former spouse's relatives), and nominations of the former spouse to serve in a fiduciary role such as personal representative, executor, trustee, agent or guardian. A joint tenancy between the former spouses is severed into a tenancy in common.
• Exceptions. The rule does not apply to a retirement system established in Title 19, or where the express terms of the governing instrument, a court order, or a contract relating to the division of the marital estate provides otherwise.
• Separation. A decree of separation that does not end the marriage is not a divorce for this purpose.
• Payors. An insurer, bank or other payor that pays a beneficiary designated in an instrument affected by the divorce, before it receives written notice of the divorce, is not liable for that payment. It is liable only for actions taken 2 or more business days after it actually receives written notice mailed by registered or certified mail, return receipt requested, or served like a summons (72-2-814(7)). A former spouse or other person who received a payment not for value that the section does not entitle them to must return it or is personally liable for its value (72-2-814(8)).
• Revival. Under subsection (5), "Provisions revoked solely by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment."

Federal law limits this rule for some plans. For employer benefit plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub for the federal layer).

Limits on what a Montana will can do

Spouse's elective share. A testator cannot simply leave a spouse out. Under section 72-2-232(1), "The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate." Section 72-2-233(2) sets the marital-property portion by multiplying the augmented estate by a percentage tied to the length of the marriage, starting at 3% for a marriage of less than 1 year and rising in steps to 100% for a marriage of 15 years or more. The augmented estate is broader than the probate estate; it includes nonprobate transfers. Section 72-2-232(2) adds a supplemental amount when the listed sources come to less than $75,000, bringing the spouse up to $75,000. These rules were enacted in 2019 (Chapter 313, Laws of 2019).

The deadline is in section 72-2-241(1): the petition must be filed in court and mailed or delivered to the personal representative, if any, "within 9 months after the date of the decedent's death or within 6 months after the probate of the decedent's will, whichever limitation later expires." The section has its own rules on extensions and on nonprobate transfers when the petition is filed more than 9 months after death.

Spouse married after the will. Under section 72-2-331(1), a surviving spouse who married the testator after the will was executed receives, as an intestate share, no less than the share the spouse would have taken had the testator died intestate as to the portion of the estate the section describes, unless the will was made in contemplation of the marriage, the will says it is to be effective notwithstanding a later marriage, or the testator provided for the spouse by a transfer outside the will and the intent that it be in lieu of a provision in the will is shown by the testator's statements or reasonably inferred from the amount of the transfer or other evidence (72-2-331(1)(c)).

Child born or adopted after the will. Under section 72-2-332(1)(a), if the testator had no child living when the will was executed, an omitted after-born or after-adopted child receives the share the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the child's other parent and that parent survives the testator and is entitled to take under the will. If the testator had one or more children living when the will was made and the will devised property to them, the omitted child shares only in those devises. Under 72-2-332(2), none of this applies if "it appears from the will that the omission was intentional," or if the testator provided for the child by a transfer outside the will and the intent that it be in lieu of a provision in the will is shown by the testator's statements or reasonably inferred from the amount of the transfer or other evidence.

No-contest clauses. Section 72-2-537 provides: "A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings."

Homestead allowance. Under section 72-2-412, a surviving spouse (or, if there is none, the minor and dependent children, who divide it) is entitled to a $22,500 homestead allowance. It is exempt from and has priority over all claims against the estate, and it is in addition to any share passing under the will unless the will provides otherwise. Montana's separate homestead exemption is covered on the Montana homestead exemption page.

What the intestate shares are, and how probate works, is explained on the Montana probate page.

Other will provisions worth knowing

A separate list for personal items. Under section 72-2-533(1), "Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money." To count, "the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty" (72-2-533(2)). The list may be prepared before or after the will and may be changed.

Keeping a will with a court. Section 72-2-535 provides: "A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential." During the testator's life it may be delivered only to the testator or a person the testator authorizes in writing.

Handing over a will after death. Under section 72-2-536, "After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure."

Revocable living trusts in Montana

The trust code

Montana's trust statute is chapter 38 of Title 72: "This chapter may be cited as the Montana Uniform Trust Code" (MCA 72-38-101). It was enacted by Chapter 264, Laws of 2013. Section 72-38-103 defines "revocable," as applied to a trust, as "revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Section 72-38-402(1) sets the elements: "A trust is created only if: (a) the settlor has capacity to create a trust; (b) the settlor indicates an intention to create the trust; (c) the trust has a definite beneficiary or is" one of the listed exceptions; "(d) the trustee has duties to perform; and (e) the same person is not the sole trustee and sole beneficiary."

The formality is a signed writing. Section 72-38-407 provides:

"A trust is not valid unless evidenced by one of the following methods: (1) by a written instrument signed by the trustee or by the trustee's agent if authorized in writing to do so; (2) by a written instrument signed by the settlor or by the settlor's agent if authorized in writing to do so; or (3) by operation of law." (MCA 72-38-407)

Section 72-38-407 does not add witness or notary requirements of the kind section 72-2-522 sets for wills.

Capacity

Under section 72-38-601, "The capacity required to create, amend, revoke, or add property to a revocable trust or to direct the actions of the trustee of a revocable trust is the same as that required to make a will."

Revocable by default, and how to revoke or amend

Section 72-38-602(1) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before October 1, 1989."

Subsection (3) sets the methods:

"(3) The settlor may revoke or amend a revocable trust: (a) by substantial compliance with a method provided in the terms of the trust; or (b) if the terms of the trust do not provide a method, by a writing delivered to the trustee manifesting clear and convincing evidence of the settlor's intent." (MCA 72-38-602(3))

Section 72-38-602(3) does not mention a will or codicil as a method. Divorce also affects a revocable trust under section 72-2-814, described in the divorce section above.

Creditors

Under section 72-38-505(1)(a), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." Under 72-38-505(1)(c), after the settlor's death, revocable-trust property is subject to creditors' claims, administration costs, funeral expenses and statutory allowances to the extent the probate estate is inadequate to pay them.

Certification of trust

A trustee does not have to hand over the full trust instrument to a bank or title company. Under section 72-38-1013(1), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust." The certification states, among other things, that the trust exists and the date the instrument was executed, the identity of the settlor and trustee, the trustee's relevant powers, whether the trust is revocable and who holds the power to revoke it, and that the trust has not been revoked or modified in a way that would make the certification incorrect. Under 72-38-1013(6), "A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting."

After the settlor dies: notice, the contest deadline and fees

Trustee's notice. Under section 72-38-813(2)(c), the trustee, "within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors," and of their rights to request portions of the trust instrument and to receive trustee reports. Under 72-38-813(5), this notice duty does not apply to a revocable trust that became irrevocable before October 1, 2013, and the duty applies unless the trust instrument specifically limits or waives it.

Contest deadline. Section 72-38-604(1) provides:

"(1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (a) 3 years after the settlor's death; or (b) 120 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (MCA 72-38-604(1))

The section also lets the trustee distribute trust property without liability after the settlor's death unless the trustee knows of a pending contest, or a potential contestant has notified the trustee of a possible contest and then starts the proceeding within 60 days after that notice.

Who pays. Under section 72-38-605, "the attorney fees and costs, as provided in 25-10-201, incurred in defending the validity of the trust must be paid by the party contesting the validity of the trust if the trust is found valid." If the trust is found invalid, the section provides for costs, not attorney fees, to be paid by the defender or from trust property.

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 72-2-531 allows a devise to the trustee of a trust established or to be established, including an unfunded trust, and provides that "(b) The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death." Property that pours over becomes part of that trust. There is one limit: "(3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

Montana wills and trusts at a glance

Recent changes

• Elective share (2019). Chapter 313, Laws of 2019 rewrote the elective-share part, enacting sections 72-2-232 and 72-2-233 (the marital-property portion and the $75,000 supplemental amount) and amending the deadline section 72-2-241. The same chapter amended the divorce section 72-2-814, which had also been amended by Chapter 228, Laws of 2017.
• Remote notarization (2019). Chapter 123, Laws of 2019 amended the notary statutes to allow remote and remote online notarization under the conditions in section 1-5-603. It did not change the will-witnessing rule in 72-2-522.
• Certification of trust (2015). Section 72-38-1013 was amended by Chapter 181, Laws of 2015.
• Montana Uniform Trust Code (2013). Chapter 264, Laws of 2013 enacted the trust code in chapter 38 of Title 72.

Making a will in practice

The site's free Montana will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 72-2-522: a writing signed by the testator and by at least two witnesses who witnessed the signing or acknowledgment. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Montana. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Montana probate
• Montana small estate affidavit
• Montana power of attorney laws

This article provides general legal information about Montana law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Montana.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Montana?

At least two. Under MCA 72-2-522(1)(c), each witness must sign within a reasonable time after witnessing the testator sign the will or acknowledge the signature or the will. A holographic will is the exception: it is valid whether or not witnessed if the signature and material portions are in the testator's handwriting (72-2-522(2)).

Is a handwritten will valid in Montana?

Yes. Under MCA 72-2-522(2), a will is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. The subsection does not mention a date.

Does a will have to be notarized in Montana?

No. Section 72-2-522 has no notary requirement. An officer authorized to administer oaths is used only if the testator and witnesses choose to make the will self-proved under section 72-2-524, either at signing or later.

Can a beneficiary witness a will in Montana?

Yes. Under MCA 72-2-525(2), the signing of a will by an interested witness does not invalidate the will or any provision of it.

Are oral wills valid in Montana?

No. Section 72-2-522 requires a will to be in writing, and Montana's will-execution part contains no provision for an oral will.

Can I make an electronic will in Montana?

Montana's will-execution part contains no electronic-will provision, section 72-2-522 requires a will in writing, and Montana's Uniform Electronic Transactions Act does not apply to the law governing the creation and execution of wills (30-18-103(2)(a)). Montana allows remote notarization under section 1-5-603, but that statute governs notarial acts, not will witnessing.

Does divorce revoke a will in Montana?

Divorce or annulment revokes revocable gifts and appointments to the former spouse in a will executed before the divorce, unless the will, a court order or a property-division contract provides otherwise (MCA 72-2-814). Section 72-2-814 also reaches revocable trusts and beneficiary designations, with conditions and exceptions explained in the divorce section; remarriage to the former spouse or a nullification of the divorce revives revoked provisions.

How do I revoke a will in Montana?

Under MCA 72-2-527, by a later will or by a revocatory act such as burning, tearing, canceling, obliterating or destroying the will with intent to revoke. Someone else may perform the act only in the testator's conscious presence and by the testator's direction.

Is a living trust revocable in Montana?

Yes, unless its terms expressly provide that it is irrevocable (MCA 72-38-602(1)). That default does not apply to a trust created under an instrument executed before October 1, 1989. A revocable trust is revoked or amended by substantially complying with the method in the trust or, if there is none, by a writing delivered to the trustee (72-38-602(3)).

How long do you have to contest a revocable trust in Montana?

Under MCA 72-38-604(1), within the earlier of 3 years after the settlor's death or 120 days after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed for a contest.

Can a spouse be left out of a will in Montana?

A surviving spouse of a person domiciled in Montana may elect 50% of the marital-property portion of the augmented estate, which grows with the length of the marriage, with a supplemental amount bringing the total to at least $75,000 (MCA 72-2-232, 72-2-233). The petition is due within 9 months after death or 6 months after probate of the will, whichever is later (72-2-241).