Estate Planning Laws in Montana.

Montana has adopted the Uniform Probate Code. Provides for unsupervised, supervised, and formal probate administration options.

A will must be in writing, signed by the testator (or by another at the testator's direction in the testator's conscious presence), and signed by at least 2 witnesses within a reasonable time after witnessing the testator's signature or acknowledgment.

A will is valid as a holographic will if the signature and material portions are in the testator's handwriting, even without witnesses.

Personal property of a decedent with aggregate value not exceeding $50,000 may be transferred by affidavit 30 days after death, without full probate administration.

Montana permits owners of real property to execute recorded Transfer-on-Death Deeds naming beneficiaries who receive the property automatically at death.

A surviving spouse may elect against the will and take a percentage of the augmented estate varying by length of marriage (under 1 year: 3%; 15+ years: 50%).

Authorizes living wills and durable powers of attorney for health care. Providers must follow valid directives when the patient lacks capacity.