Montana Code Annotated

Mont. Code Ann. § 72-2-522 (2026)

Execution -- Witnessed Wills -- Holographic Wills

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 5. Wills, Will Contracts, and Custody and Deposit of Wills

Execution -- Witnessed Wills -- Holographic Wills

72-2-522. Execution -- witnessed wills -- holographic wills. (1) Except as provided in 72-2-523, 72-2-526, 72-2-533, and subsection (2) of this section, a will must be:

(a) in writing;

(b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and

(c) signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.

(2) A will that does not comply with subsection (1) 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.

(3) Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.

History: En. 91A-2-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-502; amd. Sec. 23, Ch. 494, L. 1993; Sec. 72-2-302, MCA 1991; redes. 72-2-522 by Code Commissioner, 1993.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1996–2025 · leading case: Matter of Est. of Brooks, 927 P.2d 1024 (Mont. 1996).
Matter of Est. of Brooks, 927 P.2d 1024 (Mont. 1996). · cites it 21× “Section 72-2-522, MCA In contested cases, the proponent of a will must establish that it has been duly executed.”
Stanley L. & Carolyn M. Watkins Trust v. Lacosta, 2004 MT 144, 92 P.3d 620. · cites it 4× “Although Stanley's 1992 will was admitted to probate with Lacosta's knowledge, Lacosta did not disclose to Carolyn or to the court that the will had been improperly executed because it was not signed in the presence of witnesses as required by § 72-2-522, MCA. Lacosta also did…”
In the Matter of the Est. of Johnson, 2002 MT 341, 60 P.3d 1014. · cites it 20× “Roger argues the District Court should have applied § 72-2-522, MCA, which pertains to holographic wills.”
In re the Est. of Kuralt, 1999 MT 111, 981 P.2d 771. · cites it 14× “¶ 30 In arguing to the District Court that extrinsic evidence may be admitted regardless of ambiguity, Shannon relied principally upon § 72-2-522, MCA, which states in relevant part: " Intent that the document constitute the testator's will may be established by extrinsic…”
In re the Est. of Lambert, 2006 MT 228, 143 P.3d 426. · cites it 10× “The entire document is in Mark’s handwriting and it bears his signature.”
In re the Est. of Mead, 2014 MT 264, 336 P.3d 362. · cites it 9× “Section 72-2-522(1), MCA. A valid witness signature is present when the witness “signed within a reasonable time after having witnessed either the signing of the will .”
Est. of Watkins v. Hedman, Hileman & Lacosta, 2004 MT 143, 91 P.3d 1264. · cites it 4× “Although Stanley's 1992 will was admitted to probate with Lacosta's knowledge, Lacosta did not disclose to Carolyn or to the court that the will had been improperly executed because it was not signed in the presence of witnesses as required by § 72-2-522, MCA. Carolyn was also…”
In re the Est. of Harmon, 2011 MT 84, 253 P.3d 821. · cites it 2× “¶19 Under §72-3-310, MCA, the proponent of a will has the burden of establishing that it has been duly executed under the criteria set out in §72-2-522(1), MCA. Where a will has been simultaneously executed, attested and acknowledged by the testator and witnesses, in the manner…”
In re the Est. of Hall, 2002 MT 171, 51 P.3d 1134. · cites it 4× “Neither party disputes that no witnesses were present at the execution of Jim and Betty’s Joint Will as required by § 72-2-522, MCA. In the absence of attesting witnesses, § 72-2-523, MCA, affords a means of validating a will for which the Montana Legislature expressly provides.”
Holtz v. Diesz, 2003 MT 132, 68 P.3d 828. · cites it 3× “However, in choosing to recognize holographic wills as valid, Montana has made clear its preference to seek guidance from the intent of the testator, rather than relying on complex procedural rules when such reliance would frustrate the testator’s wishes.”
Cate-Schweyen v. Cate, 2000 MT 345, 15 P.3d 467. · cites it 2× “" See §§ 72-2-522 and 531, MCA (providing rules for holographic wills and testamentary additions to trusts).”
Est. of Cook, 2020 MT 240, 472 P.3d 1179. · cites it 5× “Section 72-2-522, MCA. ¶44 Generally, a testator enjoys a presumption of mental competence in situations in which a duly executed will is admitted to probate pursuant to § 72-2-522, MCA.”
Mont. Code Ann. § 72-2-522(1): 5 cases
In re the Est. of Harmon, 2011 MT 84, 253 P.3d 821. “¶19 Under §72-3-310, MCA, the proponent of a will has the burden of establishing that it has been duly executed under the criteria set out in §72-2-522(1), MCA. Where a will has been simultaneously executed, attested and acknowledged by the testator and witnesses, in the manner…”
Matter of Est. of Brooks, 927 P.2d 1024 (Mont. 1996). “Section 72-2-522, MCA In contested cases, the proponent of a will must establish that it has been duly executed.”
In re the Est. of Mead, 2014 MT 264, 336 P.3d 362. “Section 72-2-522(1), MCA. A valid witness signature is present when the witness “signed within a reasonable time after having witnessed either the signing of the will .”
Est. of Brockbank, 2024 MT 205N, 555 P.3d 258.
In re the Est. of Harless, 2013 MT 283, 310 P.3d 550.
Mont. Code Ann. § 72-2-522(1)(a): 1 case
In re the Est. of Harless, 2013 MT 283, 310 P.3d 550.
Mont. Code Ann. § 72-2-522(2): 5 cases
Holtz v. Diesz, 2003 MT 132, 68 P.3d 828. “However, in choosing to recognize holographic wills as valid, Montana has made clear its preference to seek guidance from the intent of the testator, rather than relying on complex procedural rules when such reliance would frustrate the testator’s wishes.”
In re the Est. of Lambert, 2006 MT 228, 143 P.3d 426. “The entire document is in Mark’s handwriting and it bears his signature.”
In the Matter of the Est. of Johnson, 2002 MT 341, 60 P.3d 1014. “Roger argues the District Court should have applied § 72-2-522, MCA, which pertains to holographic wills.”
Est. of Brockbank, 2024 MT 205N, 555 P.3d 258.
Est. of David Wolfe, 2025 MT 159, 572 P.3d 824.
Mont. Code Ann. § 72-2-522(3): 1 case
In re the Est. of Kuralt, 1999 MT 111, 981 P.2d 771. “¶ 30 In arguing to the District Court that extrinsic evidence may be admitted regardless of ambiguity, Shannon relied principally upon § 72-2-522, MCA, which states in relevant part: " Intent that the document constitute the testator's will may be established by extrinsic…”
Mont. Code Ann. § 72-2-522(l)(a): 1 case
Matter of Est. of Brooks, 927 P.2d 1024 (Mont. 1996). “Section 72-2-522, MCA In contested cases, the proponent of a will must establish that it has been duly executed.”
Mont. Code Ann. § 72-2-522(l)(c): 3 cases
In re the Est. of Mead, 2014 MT 264, 336 P.3d 362. “Section 72-2-522(1), MCA. A valid witness signature is present when the witness “signed within a reasonable time after having witnessed either the signing of the will .”
Matter of Est. of Brooks, 927 P.2d 1024 (Mont. 1996). “Section 72-2-522, MCA In contested cases, the proponent of a will must establish that it has been duly executed.”
In re the Est. of Hall, 2002 MT 171, 51 P.3d 1134. “Neither party disputes that no witnesses were present at the execution of Jim and Betty’s Joint Will as required by § 72-2-522, MCA. In the absence of attesting witnesses, § 72-2-523, MCA, affords a means of validating a will for which the Montana Legislature expressly provides.”
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