How Much Does a Living Trust Cost in Montana? (2026)

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A living trust in Montana costs $900 – $3,450 attorney-drafted, $1,500 – $4,950 for a couple’s full plan, or $100–$600 online. Probate in Montana is cheaper and simpler than in states with statutory fee schedules, so the honest case for a trust here rests on privacy, incapacity planning, and speed more than on avoided cost.

For a straightforward Montana estate, online is a reasonable route.

If your assets are in Montana only, with no blended family and no estate-tax exposure, an online service like Trust & Will produces a complete Montana trust in about an hour.

Start your Montana trust →

When you need a Montana attorney instead ↓

Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.

Montana Living Trust Cost (2026)

What You’re Paying ForMontana RangeNotes
Online trust service$100 – $600Montana-specific documents; funding is on you
Simple will (attorney)$250 – $1,000Does not avoid probate
Living trust, attorney-drafted$900 – $3,450Individual, straightforward assets
Full estate plan (couple)$1,500 – $4,950Trust + will + POA + directive
Deed transfer into trust$150 – $400 per propertyEvery Montana property needs one

Typical flat fees reported by Montana attorneys and legal directories, reviewed quarterly. A guide, not a quote.

What Probate Actually Costs in Montana

  • Avoids probate: — assets pass directly to beneficiaries without court involvement
  • Court system: District courts handle probate (no separate probate court)
  • Probate code: Full Uniform Probate Code adopted (MCA Title 72)
  • Default: Unsupervised (independent) administration — personal representative acts without court oversight
  • Informal probate: Application to clerk of court — no judge hearing required for uncontested estates
  • Small estate affidavit: Personal property up to $50,000 (30 days after death)
  • Typical timeline: 6–12 months
  • Court filing fee: $70 (uniform statewide)
ItemMontana
Simple will$250 – $1,000 Single person, straightforward assets, no trust needed
Full estate plan package (trust + will + POA + healthcare directive)$2,500 – $6,000+ Most families — this is what you actually need

Full Montana probate rules and thresholds: our Montana estate planning guide.

What each price point buys in Montana

  • $100–$600 (online): A valid Montana trust document, pour-over will, and directives. You do the funding — every Montana deed transfer, every account retitling.
  • $900 – $3,450 (attorney, individual): Custom drafting, review of how your assets are titled, and usually one deed included. Confirm that last part before you sign.
  • $1,500 – $4,950 (attorney, couple): Adds marital property planning.

Does your estate even need probate in Montana?

Before paying for anything, check whether Montana would require full probate at all. The state’s simplified route: Personal property up to $50,000 (30 days after death) Estates that fit under it can often transfer by affidavit or summary procedure, with no personal representative and no attorney — which makes a trust a convenience decision rather than a cost-avoidance one. Estates above it are where the numbers above start to bite.

Trust vs. probate in Montana

With a TrustWithout
Cost$900–$6,000 (one-time trust creation)$2,700–$6,950+ in attorney fees + $70 court filing + personal representative commission
TimelineWeeks to a few months6–12 months
PrivacyPrivatePublic court record

Online or Montana Attorney?

SituationRoute
Assets only in Montana, standard estateOnline service
Property in 2+ states, blended family, businessAttorney

The dividing line is funding, not drafting. Online documents are valid in Montana; what they don’t do is retitle your assets. See funding your trust.

Other Montana rules that affect the plan

  • Joint tenancy assets: — bank accounts, real estate held jointly
  • TOD/POD accounts: — transfer-on-death and payable-on-death designations
  • TOD deeds: — the real estate passes, but recovery follows
  • Revocable living trusts: — the state treats these as available assets
  • Life estates: — even property with a retained life estate
  • Irrevocable trusts: funded more than 5 years before a Medicaid application (outside the look-back period)
  • Hardship waiver: (Administrative Rule 37.82.431) — available but difficult to obtain
  • Privacy: — trust assets don’t become public court records
  • Incapacity protection: — successor trustee steps in without court-appointed guardianship
  • Does NOT protect from Medicaid recovery: — this is critical in Montana
  • Medicaid protection: — if funded 5+ years before applying (outside the look-back)
  • No DAPTs: — Montana does not allow domestic asset protection trusts (neighboring WY, SD, and ID do)

Recent Montana Changes Worth Knowing

  • 2025 — SB 136 (Physician-Assisted Dying Restriction): Would have eliminated patient consent as a defense to homicide. Rejected by the House 42-58 in bipartisan vote. The Baxter v. Montana court ruling remains intact.
  • 2023 — SB 286 (Small Estate Threshold): Raised the summary administration threshold to $100,000, allowing more families to avoid full probate proceedings.
  • 2021 — Uniform Directed Trust Act: Adopted as MCA Title 72, Chapter 40, effective October 2021. Allows splitting trustee duties among multiple parties (trust advisors, trust protectors).
  • 2021 — Uniform Trust Decanting Act: Adopted as MCA Title 72, Chapter 39. Allows trustees to move assets from an existing trust to a new trust with updated terms.
  • 2019 — TOD Deeds: Montana adopted the Uniform Real Property Transfer on Death Act (MCA 72-6-401), giving families a new probate avoidance tool for real estate and mineral interests.

Living trust costs in nearby states

Attorney pricing and probate rules shift at the state line — compare Montana with Idaho, Wyoming, North Dakota, South Dakota.

When to Hire A Montana Attorney

Online stops being the right answer when the estate has moving parts: property in more than one state, a blended family, a business, or anyone you intend to exclude.

  1. Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
  2. Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
  3. Don’t buy complexity you don’t have.

Three ways to pay less in Montana

  1. Compare two or three flat-fee quotes. Identical Montana trust packages vary by $1,000 or more inside the same metro, and almost nobody shops it.
  2. Count the deeds before comparing prices. At $150–$400 apiece, with properties in multiple counties each needing their own recorded transfer, a quote including one deed can beat a cheaper quote including none.
  3. Check the simplified threshold first. Personal property up to $50,000 (30 days after death) If your estate clears that, you may be buying convenience rather than savings.

Official sources: leg.mt.gov · leg.mt.gov · leg.mt.gov · leg.mt.gov

FAQ

How much does a living trust cost in Montana?

$900 – $3,450 attorney-drafted, $1,500 – $4,950 for a couple’s full estate plan, or $100 to $600 through an online service. Add $150 to $400 per property for the deed transfers that fund it.

Is a living trust worth it in Montana?

A trust costs $900–$6,000 (one-time trust creation) once, against probate at $2,700–$6,950+ in attorney fees + $70 court filing + personal representative commission.

Can I make my own living trust in Montana?

Yes — online services produce valid Montana documents. The risk is funding: a trust that doesn’t hold title to your home doesn’t avoid probate for it.

Can a small estate skip probate in Montana?

Often, yes. Montana’s simplified threshold: Personal property up to $50,000 (30 days after death) Estates under it may transfer without full administration, which changes whether a trust is worth paying for.

How long does probate take in Montana?

6–12 months A funded trust typically distributes in weeks to a few months instead, and without the public court file.

If the online route fits your situation, Trust & Will’s trust plan covers Montana and takes about an hour.

Create your trust online →


More: Living trust costs nationwide · Montana estate planning guide · Funding your trust

Last updated: August 2026. Educational information, not legal advice or a quote.