Montana living trusts & estate documents

Living trust law in Montana

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Montana, trusts are governed by the Montana Uniform Trust Code, MCA Title 72, Chapter 38.

Avoiding probate in Montana

Probate in Montana is governed by the Montana UPC, MCA Title 72 and handled by the District Court. See state probate code for administration options.

Collection by affidavit is available when the Montana probate estate, less liens, is $100,000 or less (MCA § 72-3-1101). Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Montana homeowners set one up for that reason. Montana also authorizes a transfer-on-death deed (Mont. Code Ann. § 72-6-401 et seq.) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

In Montana, creditors generally have the earlier of 1 year after death or 4 months after the first published notice to file claims against the estate (Mont. Code Ann. § 72-3-803), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Montana

Montana has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Montana

A surviving spouse in Montana who is left out of the will can instead claim an elective share of 50% of the marital-property portion of the augmented estate under Mont. Code Ann. § 72-2-232, a protection the will itself cannot override.

Montana also sets aside a homestead allowance of $22,500 for the surviving spouse, or if there is none the decedent's minor and dependent children (Mont. Code Ann. § 72-2-412), exempt from and with priority over all claims against the estate.

Signing your Montana documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses, who then sign the witness statements (each part of the form that shows witness lines is signed the same way). The eligibility rules printed on the form govern who may serve.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Montana. Follow those as the authoritative guide.

Serving all of Montana

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