Montana legislation · 2025 Regular Session
Montana SB411: Allow recordings to be treated as wills
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act revising laws regarding wills to allow for audio, visual, and audiovisual recordings to be treated as wills, to be incorporated into wills, and to dispose of tangible personal property; and amending sections 72-1-103, 72-2-522, 72-2-523, 72-2-527, 72-2-528, 72-2-529, 72-2-530, and 72-2-533, 72-2-534, 72-2-535, 72-2-537, 72-3-202, 72-3-212, 72-3-301, and 72-3-305, mca; and providing a delayed effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS REGARDING WILLS TO ALLOW FOR AUDIO, VISUAL, AND AUDIOVISUAL RECORDINGS TO BE TREATED AS WILLS, TO BE INCORPORATED INTO WILLS, AND TO DISPOSE OF TANGIBLE PERSONAL PROPERTY; AND AMENDING SECTIONS 72-1-103, 72-2-522, 72-2-523, 72-2-527, 72-2-528, 72-2-529, 72-2-530, AND 72-2-533, 72-2-534, 72-2-535, 72-2-537, 72-3-202, 72-3-212, 72-3-301, AND 72-3-305, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. SECTION 1. AUDIOVISUAL RECORDING PERMITTED -- REQUIREMENTS AND STANDARDS -- COURT FINDINGS -- WRITTEN TRANSCRIPT. (1) ALTHOUGH A TESTATOR MAY NOT HAVE EXECUTED A WILL IN CONFORMITY WITH 72-2-522 OR A DOCUMENT OR WRITING THAT SATISFIES THE REQUIREMENTS OF 72-2-523, AN AUDIOVISUAL RECORDING MAY BE TREATED AS IF IT WAS EXECUTED IN COMPLIANCE WITH 72-2-522 IN A FORMAL PROCEEDING IF THE PROPONENT ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE DECEDENT INTENDED THE AUDIOVISUAL RECORDING TO (B) A PARTIAL OR COMPLETE REVOCATION OF THE WILL; (C) AN ADDITION TO OR AN ALTERATION OF THE WILL; OR (D) A PARTIAL OR COMPLETE REVIVAL OF THE DECEDENT'S FORMERLY REVOKED WILL OR OF A FORMERLY REVOKED PORTION OF THE WILL. (2) TO SATISFY THE CLEAR AND CONVINCING STANDARD IN SUBSECTION (1), THE COURT SHALL MAKE THE FOLLOWING FINDINGS IN THE FORMAL (B) THE DECEDENT MADE THE …
Sponsors
- Zolnikov, Daniel (R, 22) · primary sponsor
Latest actions
- : (S) Died in Process
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (S) Transmitted to House
- : (S) 3rd Reading
Votes
- Do Concur (April 11, 2025): 34 yea, 65 nay, failed
- Do Pass (March 4, 2025): 35 yea, 15 nay, passed
- Do Pass (March 3, 2025): 34 yea, 15 nay, passed
Subjects: Estates
Common questions
- What is SB411?
- SB411 is a bill in the Montana Legislature (2025 Regular Session): Allow recordings to be treated as wills.
- What does SB411 do?
- In its own words: A bill for an act entitled: "an act revising laws regarding wills to allow for audio, visual, and audiovisual recordings to be treated as wills, to be incorporated into wills, and to dispose of tangible personal property; and amending sections 72-1-103, 72-2-522, 72-2-523, 72-2-527, 72-2-528, 72-2-529, 72-2-530, and 72-2-533, 72-2-534, 72-2-535, 72-2-537, 72-3-202, 72-3-212, 72-3-301, and 72-3-305, mca; and providing a delayed effective date.".
- What is the status of SB411?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB411?
- Zolnikov, Daniel (R, 22).
- Where is the official record for SB411?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0402
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.