Senate Bill No. introduced by D. Zolnikov seeks to modernize the laws governing wills in Montana by recognizing audio, visual, and audiovisual recordings as valid testamentary documents. The bill amends several sections of the Montana Code Annotated (MCA), including 72-1-103, 72-2-522, 72-2-523, and 72-2-527, to incorporate these new forms of testamentary expression. It establishes that an audiovisual recording can be considered a will if there is clear and convincing evidence of the decedent's intent, along with specific court findings regarding the decedent's mental state and the authenticity of the recording. Additionally, the bill introduces new requirements for audiovisual recordings, such as the inclusion of a written transcript in court orders, and clarifies that a will can be revoked by executing a subsequent audiovisual recording.

The legislation also revises existing laws related to the revocation and execution of wills, allowing for a revocatory act on a written will to be performed by another person in the testator's conscious presence and direction. It specifies that if a subsequent will or audiovisual recording does not explicitly revoke a previous will, it may still revoke the earlier document by inconsistency if the testator intended it to replace the prior will. Furthermore, the bill outlines procedures for incorporating audiovisual recordings into the probate process, including their admissibility and the requirements for formal probate petitions. It emphasizes that audiovisual recordings cannot be deposited with the court during the testator's lifetime and establishes that certain penalty clauses for contesting the will are unenforceable if probable cause exists. The effective date for these changes is set for July 1, 2027.

Statutes affected:
LC Text: 72-2-523, 72-2-530, 72-2-533
SB0411_1(1): 72-2-523, 72-2-530, 72-2-533
SB0411_1(2): 72-2-523, 72-2-530, 72-2-533
SB0411_1(3): 72-2-523, 72-2-530, 72-2-533
SB0411_1(4): 72-2-523, 72-2-530, 72-2-533
SB0411_1(5): 72-2-523, 72-2-530, 72-2-533
SB0411_1(6): 72-2-523, 72-2-530, 72-2-533
SB0411_1(7): 72-2-523, 72-2-530, 72-2-533
SB0411_1(8): 72-2-523, 72-2-530, 72-2-533
SB0411_1: 72-2-523, 72-2-530, 72-2-533
SB0411_2(1): 72-2-523, 72-2-530, 72-2-533
SB0411_2(2): 72-2-523, 72-2-530, 72-2-533
SB0411_2(3): 72-2-523, 72-2-530, 72-2-533
SB0411_2(4): 72-2-523, 72-2-530, 72-2-533
SB0411_2: 72-2-523, 72-2-530, 72-2-533