Bozeman Wills Lawyer

Trusted Wills Attorney in Bozeman, MT

Since we don’t know what tomorrow may bring, it’s important to plan ahead to protect your family and your legacy. A Bozeman wills lawyer can help make sure your property is distributed the way you want after you are gone.

The attorneys at Mountain & Valley Law Firm, has years of experience helping clients plan for the future. The team takes a detailed and comprehensive approach to each wills case and works diligently to guide clients through complex legal matters.

What Is a Will?

A will is a written document that describes how a person wants their property distributed after their death. It provides the 18th Judicial District Court of Gallatin County with a guide in the distribution of an estate. A will outlines who receives assets, how much each person receives, and when each person becomes eligible to own it. Unfortunately, only about 42% of adults in the U.S. have a will.

In order for a will to be valid in Montana, the testator, the person who creates the will, must be of sound mind and 18 years of age or older. The will must be written, signed by the testator, and have two independent witnesses. Essential elements of a will include:

• A clear identification of the testator
• Declaration of the document as a will
• Clear beneficiary designations
• Asset distribution instructions

Common Types of Wills

Montana recognizes several types of wills. Unlike many other states, it recognizes holographic, or handwritten, wills. These are valid even if they are not witnessed as long as the provisions and signature are in the testator’s handwriting. Other types of wills include:

• Simple will
• Living will
• Joint will
• A testamentary trust will

Meet Our Attorneys

Albert Jones

Pierce Teeuwen

Sterling Fitzwater

Changing a Will

You can change your will as long as you are competent. In order to change it, you either need to revoke the will and make a new one or make a codicil, which is a supplement. The supplement needs to be signed and witnessed in the same way as the original will. Some other circumstances that may require your will case to be reviewed include:

• You get married, divorced, or remarried after your original will was written
• The birth of a child
• The death of a beneficiary
• You want to change beneficiaries
• Moving to a different state
• An increase in the value of your property
• You purchase additional property

Reviewing your will periodically is advised, especially if your family or financial situation has changed. A Bozeman will attorney can review it with you.

FAQs

Does Having a Wills in Montana Mean My Family Can Avoid Probate?

No — this is one of the most common misconceptions about wills. A will does not avoid probate in Montana. Instead, it serves as a set of instructions for the probate court on how to distribute your assets. Probate is the court-supervised process of transferring ownership of your assets after you die — it’s where a judge formally recognizes your wills, appoints your personal representative, and authorizes them to settle your affairs. If your goal is to keep your estate out of probate, a Bozeman wills lawyer can help you explore additional tools such as a revocable living trust, Transfer on Death Deeds (TODD), or designated beneficiary accounts.

What Happens if I Die Without a Wills in Montana?

When people die without a wills, it means they pass “intestate.” A probate court follows Montana intestacy law to determine who inherits the property. In Montana, if there is no wills, a surviving spouse generally inherits the entire estate — except in cases where the decedent has descendants from another relationship, in which case a portion is shared. Without a will, you also lose the ability to name a guardian for minor children or choose who manages your estate. The court appoints someone on your behalf, which may not align with your wishes. A Bozeman wills attorney can ensure your family is protected by your terms, not the state’s default rules.

What Can’t Be Included in a Wills in Montana?

Not all assets can be controlled through a wills. Certain types of property cannot be directed through your will in Montana — including joint tenancy property (which automatically passes to the surviving owner), life insurance and retirement accounts with named beneficiaries, and assets held inside a living trust. Understanding these exclusions is critical to making sure your estate plan actually works the way you intend. A Bozeman wills lawyer can review all of your assets and ensure the right legal tools are in place for each one.

When Should I Update My Wills in Montana?

Major life events — such as marriage, divorce, the birth of a child, or a significant change in financial circumstances — are all situations that may require you to revisit your wills. In Montana, you may revoke or change your wills at any time, as long as you are of sound mind. Even without a major life change, reviewing your will every few years is a smart practice. An outdated wills can create confusion, delays, and unintended outcomes for your family. The attorneys at Mountain & Valley Law Firm can walk you through any needed updates to keep your plan current.

Why Hire a Wills Lawyer in Bozeman

While legally, you can draft your own will in Montana, it’s not advised. When you hire a wills lawyer, they can help make sure your will meets all Montana will laws and effectively reflects your final wishes.

An attorney can assist with drafting the document and offer guidance throughout the process. They can inform you of what you can include in your will and what is not eligible to be included, such as life insurance or joint tenancy property.

Contact a Bozeman Wills Attorney

Choosing the right attorney to help you plan for the future is about more than just finding someone with legal knowledge; it’s about trusting the person you’re working with. If you’re in Bozeman, contact Mountain & Valley Law Firm for a personalized experience with a client-focused approach.