MT SB411

Audiovisual recordings may be treated as valid wills in Montana if a court finds by clear and convincing evidence that the decedent was of sound mind, acted voluntarily, was free from undue influence, and intended the recording to serve as their will.

Recordings must include a date and time stamp prior to the decedent's death, show the decedent's face, and contain audible testamentary intention; the court must include a written transcript of the recording in its order.

Audiovisual recordings can only be probated through formal court proceedings with notice to interested parties, not through informal probate processes.

Wills and audiovisual recordings may incorporate existing writings or recordings by reference and may refer to separate lists or recordings for disposing of tangible personal property.

Effective date is July 1, 2027; amends 14 sections of the Montana Code Annotated related to wills, probate, and estate administration.