How to Create a Will in Montana
- 1). Decide how you want your estate divided. Make a list of all of the people and organizations you would like to benefit from your assets. Then decide whether you want specific items or amounts of money to go to each. You may also designate a percentage of the value of your estate to go to a person or group. The more clearly you have thought through whom you wish to benefit and how, the easier it will be to write your will. Your will may also identify a guardian for your minor children, and name an executor to oversee the affairs of your estate until it is settled.
- 2). Write your will. The state of Montana will recognize a hand-written will if it is in your hand writing and signed by you, but it is best if your will is typed or computer printed. There are many online sources for templates, if you want to make sure your will has the correct legal language and sections.
- 3). Sign your will and have it witnessed. This is also known as "executing" your will. When you sign your will, do it in the presence of two other people, who will also sign the document as witnesses. The witnesses must be 18 or older, and mentally sound. It is acceptable for a beneficiary or other person with an interest in the contents of the will to be a witness. You and the witnesses must also date the document when you sign it.
- 4). Get your will notarized. Although this is not a requirement in Montana, having your will notarized will save steps in getting the will recognized in probate court after you die. If you do not have your will notarized, your witnesses will need to sign affidavits that certify the authenticity of the will. These documents will accompany your will when it is filed in probate court.
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