SB 411 Montana Senate · 2025 Regular Session

Allow recordings to be treated as wills

Montana's SB 411 would allow audio, video, or audiovisual recordings to be legally treated as valid wills, directly affecting individuals creating wills and courts handling probate cases. The bill requires courts to verify, through clear and convincing evidence, that the decedent intentionally created the recording as their will, was of sound mind, made it voluntarily, and wasn't under undue influence. It also mandates courts to include a written transcript of the recording in their order and defines "audiovisual recording" as a dated, timestamped video showing the decedent's face. The bill amended Montana's will statutes (sections 72-2-522, 72-3-301, etc.) but died in committee in May 2025.
Bill status died 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
Senate Passage
Mar 2025
House Failed
Apr 2025
Governor
Introduced Feb 21, 2025 Last action May 23, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

SB0411_1(8).pdf SB0411_2.pdf · 3 edits
MINOR
The bill was updated to expand its scope by amending multiple sections of the Montana Code Annotated, not just the single section previously listed. The primary substantive change is the addition of a new section that allows courts to treat informal audiovisual recordings (like videos) as valid wills if specific legal standards are met, such as proving the decedent was of sound mind and acting voluntarily. This significantly broadens the types of documents recognized as wills beyond traditional written ones.
Scope change
The bill's scope expanded from amending only one statute to amending seven different sections across multiple chapters, and it introduced entirely new legal authority for recognizing video recordings as wills.
REQUIREMENT

Added a new section permitting courts to validate audiovisual recordings as wills if clear and convincing evidence proves the decedent intended them as such and was of sound mind.

DEFINITION

Updated the list of amended statutes to include additional sections covering general definitions, beneficiary designations, and other probate-related topics.

TECHNICAL

Corrected the legislative header and formatting to align with the official bill number and session details.

Floor votes · Senate Mar 4, 2025 · House Apr 11, 2025

How they voted

3515
Passed
Total votes 50
Mar 4, 2025
D Democratic18
9 Yea 9 Nay
50% Nay
R Republican32
26 Yea 6 Nay
81% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
35
Key actions
5
Committee
6
Apr 11, 2025
Vote failed
House Vote: fail (34-66)
house
Apr 9, 2025
Lower · Passed
(H) Committee Report - (H) Judiciary
lower
Apr 9, 2025
Lower · Passed
(H) Committee Executive Action - (H) Judiciary
lower
Mar 5, 2025
Committee
(H) Referred to Committee - (H) Judiciary
lower
Mar 4, 2025
Senate · Passed
Senate Vote: pass (35-15)
senate
Feb 28, 2025
Upper · Passed
(S) Committee Report - (S) Judiciary
upper
Feb 28, 2025
Upper · Passed
(S) Committee Executive Action - (S) Judiciary
upper
Feb 24, 2025
Committee
(S) Referred to Committee - (S) Judiciary
upper
Feb 21, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Daniel Zolnikov
Daniel Zolnikov
RRepublican
MT
22