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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. Compare the cost of preparing and funding the trust with an itemized probate estimate for your assets. A fee schedule alone does not establish what your family would save.
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.
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 For | Montana Range | Notes |
|---|---|---|
| Online trust service | $100 – $600 | Montana-specific documents; funding is on you |
| Simple will (attorney) | $250 – $1,000 | Does not avoid probate |
| Living trust, attorney-drafted | $900 – $3,450 | Individual, straightforward assets |
| Full estate plan (couple) | $1,500 – $4,950 | Trust + will + POA + directive |
| Deed transfer into trust | $150 – $400 per property | Every Montana property needs one |
Typical flat fees reported by Montana attorneys and legal directories, reviewed quarterly. A guide, not a quote.
How to estimate probate costs in Montana
For a useful probate estimate, ask for an itemized quote based on the assets that actually require administration. Keep court charges, professional compensation, taxes, and the cost of creating a trust separate.
| Ask about | What the estimate should explain |
|---|---|
| Court and filing charges | Which procedure is needed, the current court fee schedule, and any later filings. |
| Executor or administrator compensation | The applicable fee rule, the assets included in its calculation, and whether compensation will be claimed. |
| Attorney fees | The billing method, work included, and charges for disputes or unusual assets. |
| Other administration expenses | Whether publication, bond, appraisals, accounting, tax preparation, or property sales add costs. |
This is a quote checklist, not a statewide price schedule. Trust-drafting prices, inheritance-tax rates, and a spouse’s inheritance share do not belong in a probate-fee total.
For other state rules and transfer options, see 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. For assets that do require administration, request a quote for the applicable procedure.
Trust vs. probate in Montana
| Consideration | With a funded living trust | Assets requiring probate |
|---|---|---|
| Costs to compare | Document preparation, asset transfers, later updates, and administration after death. Ask separately about trustee, legal, and accounting charges. | Court charges, executor or administrator compensation, legal fees, and other administration expenses. Request an itemized estimate. |
| Timing | Ask how debts, taxes, property sales, and distributions affect the settlement schedule; avoid assuming an immediate payout. | Ask about the required court process, creditor deadlines, and any sales or disputes that could delay closing. |
| Records | Ordinary trust administration generally takes place outside probate court; a court dispute can still create public records. | Probate involves court filings; ask the court which records are public. |
Compare the same assets and services on both sides. A trust’s purchase price alone is not its lifetime cost, and assets left outside the trust may still need probate. See how to fund a trust.
Online or Montana Attorney?
| Situation | Route |
|---|---|
| Assets only in Montana, standard estate | Online service |
| Property in 2+ states, blended family, business | Attorney |
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.
- Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
- Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
- Don’t buy complexity you don’t have.
Three ways to pay less in Montana
- 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.
- 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.
- 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?
It depends on your assets, family needs, and the transfers available without probate. Compare document preparation, funding, and later trust administration with an itemized probate estimate for the same assets. A trust does not guarantee a particular dollar saving.
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?
The timetable depends on the procedure, creditor deadlines, taxes, property sales, and any disputes. Ask for an estimate based on the actual estate. A funded trust may avoid probate for trust assets, but settling the trust still takes time.
If the online route fits your situation, Trust & Will’s trust plan covers Montana and takes about an hour.
More: Living trust costs nationwide · Montana estate planning guide · Funding your trust
Probate-cost sections corrected September 10, 2026. Other state-rule sections last updated August 2026. Educational information, not legal advice or a quote.