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Updated September 24, 2026. Quick answer: Montana attorneys charge a median $2,600 for a revocable living trust, LegalTemplates’ 2026 study of 909 firms found, with the middle half of quotes falling between $2,200 and $3,000. That puts Montana at the 11th-cheapest of the 21 states compared here, coming in over the $2,475 national median for a standalone trust. A DIY platform runs $149 to $649. What that spend buys locally: Montana’s current statute sets a $70.00 clerk fee to file for probate; the official statewide court fee schedule lists a bundled total of $100.00.
Whether the state taxes the trust’s income is a separate question: does Montana tax trust income.
Fast routes: National living trust cost guide | Montana probate filing fee | Montana probate cost | Is a living trust worth it in Montana?
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How our partner relationships workLiving trust cost in Montana: attorney vs DIY
Laid out side by side:
| Figure | Amount |
|---|---|
| Median attorney price in Montana | $2,600 |
| Typical range of quotes in Montana | $2,200–$3,000 |
| National median, all 50 states and DC | $2,475 |
| DIY document platform range | $149–$649 |
Attorneys who bundle the trust into a fuller package (pour-over will, financial power of attorney, healthcare documents) charge a national median of $2,700 for that package. DIY document platforms run $149 to $649 and do not vary by state; the national living trust cost guide has the full platform comparison table (LegalZoom, Trust & Will, Quicken WillMaker, FreeWill) with what each one includes.
Attorney figures: LegalTemplates, September 24, 2026.
What a living trust avoids: probate in Montana
Skip the trust and Montana probate is the fallback route, with its own court bill attached, described below. Montana’s current statute sets a $70.00 clerk fee to file for probate; the official statewide court fee schedule lists a bundled total of $100.00. Full filing-fee breakdown.
Montana publishes no percentage schedule for probate compensation; the personal representative and the attorney are each paid what the court finds reasonable (MCA §72-3-631), so the bill tracks hours worked rather than the size of the estate. The second number is the small-estate threshold, at or under which an estate skips most of probate: $100,000, net of liens, by affidavit. Montana’s former percentage cap was removed by 2019 legislation, so no schedule survives. Whether any of that reaches a solely owned house is answered below; it is where most published guidance goes wrong. Full Montana probate cost guide, and the small-estate shortcut that can bypass probate even with no trust.
Montana living trust: signing, notary and the deed
Each line is a short extract quoted from, or a plain summary of, the statute cited; the section has the exceptions.
- Creating the trust. Mont. Code Ann. § 72-38-402: “…the settlor indicates an intention to create the trust…”
- Writing rule. Mont. Code Ann. § 72-38-407 (summarized, not quoted): a trust is not valid unless evidenced by a written instrument signed by the trustee or by the settlor (either through an agent only if authorized in writing), or by operation of law.
- Deed and notary. Mont. Code Ann. § 70-21-203: “…before the instrument can be recorded, its execution must be acknowledged…”
- Certification of trust. Mont. Code Ann. § 72-38-1013: “…certification of trust may be signed or otherwise authenticated by any trustee…”
For what the court side costs if a trust is not used, see Montana probate cost.
Funding the trust in Montana
The paperwork does not end at signing. Real estate specifically has to be re-deeded into the trust’s name to actually be covered by it. Montana closes the door on transfer taxes entirely: the state constitution bars any state or local tax on the sale or transfer of real property (Mont. Const. art. VIII, §17), so a deed moving your home into your own revocable trust is never taxed. Property tax is unaffected too: the Department of Revenue reappraises all residential real estate to market value every two years under MCA §15-7-111, on a fixed statewide cycle rather than a change-of-ownership trigger. The new deed still needs to be recorded with the county clerk and recorder, currently $20 for the first page and $10 per additional page under MCA §7-4-2637.
Is a living trust worth it in Montana?
The math is the $2,600 setup cost versus the probate bill above; the part no dollar figure captures is privacy and a quicker transfer for heirs. The full worth-it analysis for Montana goes through the numbers for your own real estate and situation.
Sources
- LegalTemplates, 2026 Estate Planning Costs in the US (909 firms, read September 24, 2026).
- Montana probate filing fee, Montana probate cost, national living trust cost guide (Clear Money Guide).
- Statute/agency source, transfer-tax/recording source