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Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Montana. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution
February 2, 2021
If you or a loved one lives in Montana, there are a number of important forms, documents, resources, and specific state laws you should be aware of. Whether you are handling a guardianship of an elderly person, or just want to know how probate court or inheritance law works, continue reading for some of the more important documents and laws you should know about.
Montana law (37.106.402) requires the following health care providers to retain medical records for different lengths of time:
In Montana you have a right to access and view your medical records. You also have a right to amend and add information to your medical records. However, depending on the nature of the medical records, certain information may not be eligible for amendment. Speaking with your healthcare provider regarding amendments is the best option. Fees vary from office to office.
According to Montana (Title 50-16-540), a fee cannot exceed a total of $15 for a medical provider to collect and gather medical records. Each page cannot be charged at more than $0.50.
Download the Montana living will form. This form has additional documents related to creating a medical POA, or medical proxy.
DNRs are allowed in Montana. Download a standard DNR form here. It’s also in the same packet as the living will and POA form. Two witnesses must sign the DNR.
This form is available in Montana and allows you to name another person to be your agent. This agent will have the ability to make medical decisions for you.
This is also available in this form that can establish your living will. Witnesses or notaries are not required in Montana for a medical POA
If you want to be an organ donor in Montana, you can learn more and register at Donate Life Today’s registry website.
According to Title 72, most estates in Montana will have to go through the probate process. A living trust is one way to avoid going through the probate process. In Montana you can also create transfer-on-death deeds. These deeds don’t take effect until the person dies, after which the estate can transfer to an inheritor.
Additionally, an executor may file an affidavit for a small estate if the value of the estate does not exceed $50,000.
There is also a “simplified probate process” which can be requested in writing by an executor. After communicating the facts and circumstances to a probate judge, the court will decide whether the probate process can be skipped.
Montana recently incorporated digital estate planning laws in 2017. The new statute provides information on how to properly manage and protect digital estates, their assets, and communications.
If a person’s estate is intestate because they die without a will, it will be distributed through Montana’s intestacy laws. This is a process that involves distributing assets to the closest relatives.
Intestacy succession laws are available here, as well as in Title 72 Chapter 2.
Montana has collected the information on how to obtain each of these vital records in one webpage. These forms can also be ordered online at the same website:
Be aware that you are still responsible for federal taxes on an inheritance.
Montana has a number of unique state laws when it comes to your medical records, inheritance taxes, wills, trusts, and estate planning. Navigate the strict probate process and lax estate tax with confidence with your customized and organized Pillar account. You can scan, store, and share your most important state documents when you need them with Pillar's secure and easy-to-use online storage tool for you and your family.
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