Home › Montana Estate Planning › Living Trust Cost
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.
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.
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)
| Item | Montana |
|---|---|
| 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 Trust | Without | |
|---|---|---|
| Cost | $900–$6,000 (one-time trust creation) | $2,700–$6,950+ in attorney fees + $70 court filing + personal representative commission |
| Timeline | Weeks to a few months | 6–12 months |
| Privacy | Private | Public court record |
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?
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.
More: Living trust costs nationwide · Montana estate planning guide · Funding your trust
Last updated: August 2026. Educational information, not legal advice or a quote.