Short answer. 2 witnesses. A self-proving affidavit is sworn before a notary. Handwritten wills: yes.
At a glance
- Witnesses
- 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).
"signed by at least two individuals"
- Beneficiary as witness
- An interested witness may sign; Nolo's summary of MCA 72-2-525 still advises using witnesses who don't inherit.
"Montana allows 'interested' witnesses who stand to inherit something in the will to serve as witnesses"
- Self-proving affidavit
- 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.
- Handwritten wills
- Recognized, with or without witnesses, if the signature and material portions are in the testator's handwriting.
"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"
- Electronic wills
- Not authorized, per Nolo's Montana page.
"Montana currently doesn't allow e-wills"
- Minimum age
- 18 or older, of sound mind (MCA 72-2-521, Justia's 2021 code text).
"An individual 18 or more years of age who is of sound mind may make a will."
Worth knowing
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.
Signing day here
- Witnesses to bring: Bring 2 witnesses.
- Notary and the self-proving affidavit: Have a notary there for the self-proving affidavit. The official page we read names a notary public.
The full list, with ID and who shouldn't witness: signing-day checklist for Montana.
MCC Solutions provides notaries and witnesses for signings in New Jersey (estate planning signings, the estate planning signing package, witness services). Elsewhere, a local notary can help with the self-proving affidavit.
Not confirmed on the pages we read: remote witnessing.
Sources
- Justia (statute text) (secondary source): MCA 72-2-522, Execution; witnessed wills; holographic wills (2022 Montana Code Annotated, Justia) (checked November 2026)
- Nolo (secondary source): How to Make a Will in Montana (Nolo) (checked November 2026)
- Justia (statute text) (secondary source): MCA 72-2-521, Who may make a will (2021 Montana Code Annotated, Justia) (checked November 2026)
Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)".
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review your will. Checked November 2026 against the official pages listed above. Rules change, and how a rule applies to one will is a question for a lawyer licensed in the state. A notary can't give legal advice or draft a will.
Common questions
How many witnesses does a will need in Montana?
2. 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).
Does a will need a notary in Montana?
Not to be valid on the pages we read; the notary is for the self-proving affidavit. 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.
Can a beneficiary witness a will in Montana?
An interested witness may sign; Nolo's summary of MCA 72-2-525 still advises using witnesses who don't inherit. The statute: "Montana allows 'interested' witnesses who stand to inherit something in the will to serve as witnesses."
Is a handwritten will valid in Montana?
Recognized, with or without witnesses, if the signature and material portions are in the testator's handwriting.
Are electronic wills allowed in Montana?
Not authorized, per Nolo's Montana page.
How old do you have to be to make a will in Montana?
18 or older, of sound mind (MCA 72-2-521, Justia's 2021 code text).
All states: will witness requirements by state · Missouri · Nebraska