Montana Estate Planning FAQ

Estate planning is the process of creating legal documents that specify how your assets are distributed, who makes decisions on your behalf if you become incapacitated, and who cares for your minor children. Without an estate plan, Montana’s intestacy laws (MCA Title 72, Chapter 2) determine who inherits your property — and it may not match your wishes. A Montana probate court will appoint a personal representative, which costs your family time, money, and stress. Estate planning gives you control over what happens to your property, your healthcare, and your family.

Yes. A will is not just about distributing wealth. It names a personal representative (executor) to manage your affairs, specifies guardians for minor children, and directs how even modest assets — vehicles, bank accounts, personal belongings — are handled. Without a will, your family goes through Montana probate court using default rules that may not reflect your wishes. Montana Will & Trust covers all the essentials.

A will takes effect after death and must go through Montana probate court, which is a public process that can take 6–12 months. A revocable living trust takes effect immediately, holds your assets during your lifetime, and transfers them to your beneficiaries after death without probate. The trust keeps your estate private, avoids court delays, and can save your family thousands in legal fees. Most Montanans with real property, multiple beneficiaries, or a desire for privacy benefit from a living trust.

A durable financial power of attorney (MCA § 72-31-301+) lets you name a trusted person — your agent — to manage your finances, pay bills, handle banking, and conduct property transactions if you become incapacitated. “Durable” means it remains valid even if you lose the ability to make decisions yourself. Without one, your family would need to petition a Montana court for conservatorship, which is expensive and time-consuming.

No. Montana does not impose a state estate tax or inheritance tax. Montana repealed its estate tax in 2001. The federal estate tax applies only to estates exceeding approximately $13.6 million per individual (as of 2024, indexed for inflation). For the vast majority of Montanans, estate taxes are not a concern — but avoiding probate, protecting assets, and ensuring your wishes are followed are still critical reasons to have an estate plan.

Montana follows the Uniform Probate Code (MCA Title 72). When someone dies with assets solely in their name, those assets typically go through probate — a court-supervised process that can take 6–12 months, costs 2–5% of the estate in fees, and creates a public record. You can avoid probate by placing assets in a revocable living trust, using Transfer-on-Death (TOD) designations on deeds and accounts, or holding property in joint tenancy with right of survivorship. Our estate planning packages are designed specifically to help Montana families avoid probate.

Yes, Montana recognizes Transfer-on-Death (TOD) Deeds under the Montana Uniform Real Property Transfer on Death Act. A TOD deed lets you name a beneficiary who automatically inherits your real property — your home, ranch, or land — when you die, without going through probate. You retain full ownership and control during your lifetime, and you can revoke or change the beneficiary at any time. TOD deeds are available as part of our estate planning packages.

Our Essential package starts at $199 (individual) or $299 (couples) and includes a last will and testament, durable power of attorney, healthcare directive, HIPAA authorization, personal property memorandum, remote notarization, and encrypted vault storage. The Complete package is $399/$599 and adds a revocable living trust with attorney review. The Ranch & Land package is $599/$899 for landowners needing Transfer-on-Death Deeds, homestead declarations, and water rights review. All prices are one-time — no subscriptions or hidden fees.

Most people complete the questionnaire in about 20 minutes. Your documents are generated instantly. You can schedule your remote online notarization session for the same day or whenever is convenient. Total active time is under an hour. Compare that to 2–6 weeks with a traditional estate planning attorney or 7–14 business days with services like LegalZoom.

Yes. Every template on our platform was written by licensed Montana estate planning attorneys. For Complete and Ranch & Land customers, a Montana attorney reviews your completed documents before they are finalized. Attorney review is available for all customers. If our system detects a complex situation during your questionnaire, we automatically escalate to an attorney — you never get a cookie-cutter document for a situation that needs professional judgment.

Montana was one of the first states to authorize Remote Online Notarization (RON). Here is how it works: you schedule a video call with a licensed Montana notary through our platform. On the call, you verify your identity with a government-issued photo ID using identity-proofing technology. The notary guides you through each signature. Documents are electronically signed, sealed with the notary’s digital certificate, and recorded. The entire session takes about 15 minutes. RON is included with every plan at no extra charge.

Your documents are stored with AES-256 encryption — the same standard used by financial institutions and the U.S. military. Access requires your account credentials. You can grant read-only access to family members, your attorney, or your personal representative so they can find your documents when needed. All data is stored in U.S.-based data centers with SOC 2 compliance. You can download your original signed PDFs at any time.