Create Your Montana Last Will and Testament Online

A last will and testament is a legal document that tells the state of Montana exactly how you want your property distributed after you pass away. Without a will, Montana's intestacy laws decide who inherits your assets — and the results often surprise families. Your spouse may not receive everything. Your children may inherit in proportions you never intended. And the probate court, not your family, appoints someone to manage the process.

Every adult in Montana who owns property, has children, or wants to control what happens to their estate needs a will. If you have minor children, a will is the only legal way to name a guardian for them. If you own a home, a bank account, or a vehicle titled in your name alone, those assets must go through Montana probate court — and a valid will makes that process faster, cheaper, and less stressful for your family.

Seven in ten Montanans do not have a will. That means the majority of Montana families are leaving critical decisions — who raises their kids, who gets the family ranch, who handles their finances — up to state law and a probate judge. A last will and testament takes roughly 30 minutes to create and can save your family months of legal proceedings.

When a Montana resident passes away with assets titled in their name alone, those assets must go through probate — the court-supervised process of validating the will, paying debts, and distributing property. Montana probate is governed by the Uniform Probate Code (MCA Title 72), which offers three tracks: informal probate, formal probate, and supervised administration.

Informal probate is the most common path for straightforward estates. A personal representative files the will with the district court, and the process can take six to twelve months. Formal probate is required when there are disputes — contested wills, unclear provisions, or challenges from beneficiaries. Supervised administration is the most restrictive, with court approval needed for every major decision.

Having a valid, well-drafted will dramatically simplifies probate. A self-proving will (one with a notarized affidavit) can be admitted to probate without witnesses appearing in court. Clear, specific provisions reduce the chance of disputes. And naming a competent personal representative ensures someone you trust manages the process — not a court-appointed stranger.

If you want to avoid probate entirely, consider a Montana revocable living trust. Assets held in a trust pass directly to your beneficiaries without court involvement.