Short answer

No — a will that leaves all your property to your daughter can control how your probate estate is distributed. But yes — you may still need or want a transfer-on-death (TOD) deed or a payable-on-death (POD) designation if you want certain assets to pass outside probate, avoid delay and fees, or to make sure beneficiary designations match your wishes. In Montana, nonprobate title and beneficiary designations (joint tenancy, POD bank accounts, retirement plan beneficiaries, life insurance, and any valid beneficiary deed or TOD mechanism that applies) generally control who gets those assets regardless of what a will says.

Detailed answer — how wills and nonprobate methods work in Montana

1) Two different systems: probate vs nonprobate

A will operates through the probate process. Probate is the court-supervised process to collect your assets, pay debts and taxes, and distribute what’s left according to your will. Assets that pass outside probate — called nonprobate assets — transfer directly to a named beneficiary or surviving joint owner without following the will. Common nonprobate methods include:

• Payable-on-death (POD) or transfer-on-death (TOD) designations on bank accounts, investment accounts, and some securities;
• Named beneficiaries on retirement accounts and life insurance;
• Property owned in joint tenancy with right of survivorship; and
• Deeds that include a beneficiary clause (in states that provide for beneficiary or TOD deeds).

2) Which controls if there is a conflict: nonprobate vs will

If the same asset has a valid nonprobate beneficiary or is owned jointly with rights of survivorship, that nonprobate mechanism generally controls and the asset bypasses the will and probate. For example:

• If a bank account is titled as a POD account naming Alice, that account pays to Alice when you die even if your will leaves the account to someone else.
• If a retirement account names Bob as beneficiary, the plan will pay Bob despite your will’s language.
• Real property that is successfully conveyed by a valid transfer-on-death or beneficiary deed (if available and properly executed under Montana law) will pass under that deed rather than under your will.

3) When a will alone is enough

If an asset is solely titled in your name (no beneficiary designation, no joint owner, and no TOD/beneficiary deed), then the asset will pass under your will and through probate. If you want your daughter to receive such assets and you are comfortable with probate, the will is sufficient in that respect.

4) Why you might still want TOD/POD even if your will names your daughter

• Avoid probate delay and court fees. Nonprobate transfers usually move directly to the beneficiary with minimal administration.
• Reduce visibility of your estate affairs. Nonprobate transfers are more private than probate filings.
• Simplify access for your daughter. A POD bank account or beneficiary designation lets her access funds (subject to the institution’s rules) without opening probate.
• Make sure all assets pass the same way. If you forget to update beneficiary forms, they may point to an old beneficiary who would receive an asset despite your will’s instructions.

5) Potential pitfalls

• Unintended beneficiaries: If an old POD or beneficiary designation names someone other than your daughter, that person can get the asset instead of the daughter named in your will.
• Creditor claims and taxes: Some nonprobate transfers still expose the asset to creditors or estate taxes in particular ways. Probate gives the estate an organized way to address creditor claims; bypassing probate does not always avoid creditor rights.
• Ownership confusion: Changing title (for example, to add a joint owner) can create gift or tax consequences while you are alive and may expose assets to the other owner’s creditors.

6) Practical steps for Montana residents

1. Make an inventory of all assets, noting title and beneficiary designations.
2. For each asset, decide whether you want it to pass by will (probate) or outside probate (POD/TOD, joint tenancy, beneficiary designation).
3. Update beneficiary forms and retitle assets where appropriate so beneficiaries match the will (if that is your goal).
4. Consider a TOD/beneficiary deed for real property if you want to avoid probate for land — but only after confirming whether Montana law provides that mechanism and how to execute it correctly.
5. Get help from a Montana attorney for title changes, beneficiary designations, and estate planning to avoid unintended consequences.

7) Where to check Montana law and forms

Montana’s statutes and probate rules set the requirements for valid wills, estate administration, and other transfer processes. You can review Montana’s statutes and probate resources at the Montana Legislature’s Code site: https://leg.mt.gov/bills/mca_toc/. For practical court forms and information about probate procedures, see the Montana Judicial Branch self-help pages: https://courts.mt.gov/selfhelp.

Helpful hints

• Look at the title and beneficiary line: Your intent in a will doesn’t change the title on an account. Check who is named on beneficiary forms and deeds first.
• Match beneficiaries to your will if you want consistent results. If you intend your daughter to receive everything, update each account’s beneficiary designation and any deeds to name her explicitly.
• Don’t assume joint ownership solves everything. Joint ownership can avoid probate but may create tax or asset-protection problems and can give the co-owner immediate access to the asset while you are alive.
• Consider TOD/POD for convenience: small accounts and vehicles can often be handled with beneficiary designations or transfer-on-death forms to shorten the post-death process.
• Keep copies of beneficiary designations and deeds with your estate planning documents so your successor knows what you intended.
• When in doubt, consult a Montana attorney: property, probate, and tax consequences can be complex and vary by county and asset type.