Montana Will Signing Day Kit: Montana's Witness and Notary Rules, Signing-Day Checklist, Witness Sheet and Original-Will Record

Who it is for

Anyone signing a will in Montana, and the family member, friend or office helping set up the signing. Who can make a will, per the official page: 18 or older, of sound mind (MCA 72-2-521, Justia's 2021 code text).

Not the right fit if

The person signing isn't in Montana, you still need the will written (that's a lawyer's job), or someone may contest it. Not a will form or a legal service.

Why it is different

• Built only from our Montana will signing data file, checked November 2026 against Justia (statute text) (secondary source): MCA 72-2-522, Execution; witnessed wills; holographic wills (2022 Montana Code Annotated, Justia); Nolo (secondary source): How to Make a Will in Montana (Nolo); Justia (statute text) (secondary source): MCA 72-2-521, Who may make a will (2021 Montana Code Annotated, Justia).
• 1 fact isn't stated on those pages, so the kit leaves it out and lists it once to look up, instead of guessing.
• Also from the file: The Legislature's current code site couldn't be opened, so these rules come from the 2021 and 2022 code text published by Justia and Nolo's summary (secondary sources). Remote witnessing stays unconfirmed.
• For the estate side in Montana, the Montana Executor and Estate Kit: The probate estate, wherever located, less liens and encumbrances, up to $100,000 (amended 2023). The section covers personal property only; it doesn't transfer real estate.

What is inside

• Start here. The 6 confirmed Montana facts at a glance; to look up on the official page: remote witnessing.
• Montana signing-day checklist. Bring 2 witnesses. The rule: Signed by at least two individuals, each of whom signs within a reasonable time after seeing the signing or the testator's acknowledgment (MCA 72-2-522, 2022 code text on Justia). Pick witnesses who get nothing under the will and aren't married to someone who does. Have a notary there for the self-proving affidavit. The official page we read names a notary public. Allowed. Per Nolo (citing MCA 72-2-524), the testator and witnesses sign an affidavit before a notary. A notary isn't needed for the will itself. The rule here: An interested witness may sign; Nolo's summary of MCA 72-2-525 still advises using witnesses who don't inherit. The testator signs (or acknowledges the signature) while the witnesses watch, then each witness signs. This checklist is for a typed will signed with witnesses.
• Witness information sheet. One block per Montana witness (2 required, plus a spare).
• Original-will storage and location record. Where the original is and who has copies. Handwritten wills in Montana: Recognized, with or without witnesses, if the signature and material portions are in the testator's handwriting.
• Montana will signing tracker (Excel). Steps, ID, copies and review dates. Electronic wills: Not authorized, per Nolo's Montana page.