What constitutes a legal Will?

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What constitutes a legal Will?

If I type up a Will (for a simple, small estate, 1 heir), take it to the attorney’s office and have my signature notarized with a 2nd witness, would it be legal?

Asked on January 12, 2016 under Estate Planning, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In MT, in order to have a valid Will, you can type up or own or use a form (there are many online). It must then be signed by you in front of 2 witnesses, who must both then also sign the Will.
While you do not need to notarize your Will to make it legal, to make your it "self-proving" and you'll need to get it notarized. A self-proving Will speeds up probate because the court can accept it without contacting the witnesses who signed it. To make your will self-proving you and your witnesses will need go to a notary and sign an affidavit that proves who you are and that each of you knew you were signing the Will.


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