Create Your Montana Revocable Living Trust Online
A Montana revocable living trust lets you avoid probate court, keep your estate private, and transfer assets to your family faster. Drafted and reviewed by Montana estate planning attorneys. Signed from home with remote online notarization. Starting at $399.
What Is a Living Trust?
A living trust — formally called a revocable living trust — is a legal entity you create during your lifetime to hold and manage your assets. You transfer ownership of your property (real estate, bank accounts, investments) into the trust, and you serve as your own trustee with full control over everything. Nothing changes in your day-to-day life.
The power of a living trust is what happens when you can no longer manage things yourself. If you become incapacitated, your successor trustee steps in immediately — no court proceedings, no conservatorship hearings. When you pass away, your successor trustee distributes assets directly to your beneficiaries according to your instructions. No probate court. No public record. No six-to-twelve-month waiting period.
In Montana, a revocable living trust is governed by the Montana Uniform Trust Code (MCA Title 72, Chapter 38). As the grantor, you retain the right to amend, modify, or completely revoke the trust at any time during your lifetime. The trust becomes irrevocable only upon your death, at which point the terms you set are carried out by your successor trustee.
Why Montana Families Choose a Living Trust
A revocable living trust offers advantages that a will alone cannot provide.
Avoid Montana Probate
Assets in a revocable living trust pass directly to your beneficiaries without going through probate court. No six-to-twelve-month court process, no probate fees, and no public record of your estate.
Keep Your Estate Private
Probate records in Montana are public. Anyone can look up what you owned, who inherited it, and how much it was worth. A living trust keeps all of that information completely private.
Plan for Incapacity
If you become incapacitated, your successor trustee steps in immediately to manage your trust assets — without a court-appointed conservator. No guardianship proceedings, no delays, no court costs.
Faster Asset Transfer
Probate in Montana typically takes six months to over a year. With a properly funded living trust, your successor trustee can begin distributing assets to your beneficiaries within weeks.
Revocable vs. Irrevocable Trust
Most Montana families benefit from a revocable living trust. Irrevocable trusts serve specific purposes like asset protection or estate tax planning.
| Feature | Revocable Trust | Irrevocable Trust |
|---|---|---|
| Can be changed or revoked | Yes, at any time | Generally no |
| Avoids probate | Yes | Yes |
| Asset protection from creditors | No | Yes |
| Estate tax reduction | No | Potentially |
| You maintain control | Full control | Limited |
| Incapacity planning | Yes | Yes |
| Best for most Montana families | Yes | Special situations |
What's Included
A complete Montana living trust package — everything you need to avoid probate and protect your family.
$599 for couples
Montana Probate: What You're Avoiding
Montana probate is governed by the Uniform Probate Code under MCA Title 72. When someone dies with assets titled in their individual name — a house, a bank account, a vehicle — those assets must go through probate court before they can be distributed to heirs. Even with a valid will, your estate goes through probate.
The Montana probate process typically takes six to twelve months for simple estates and can stretch well beyond a year for complex ones. During that time, your family may not be able to access accounts, sell property, or manage assets without court approval. Probate also creates a public record — anyone can look up what you owned, what debts you had, and who inherited your property.
Probate costs add up quickly. Attorney fees, personal representative fees, court filing fees, and appraisal costs can consume three to seven percent of an estate's value. For a $500,000 estate, that's $15,000 to $35,000 in costs that come directly out of what your family inherits.
A properly funded revocable living trust avoids probate entirely. Assets held in the trust pass directly to your beneficiaries according to your instructions — no court, no public record, no delays. That is why so many Montana families choose a living trust over a will alone.
Skip Probate. Protect Your Family.
Your trust package includes a revocable living trust, pour-over will, power of attorney, healthcare directive, and more — all for $399. Attorney-reviewed and notarized from home.
Montana Living Trust FAQ
Common questions about revocable living trusts in Montana.