Elder law attorneys in Montana work the legal issues facing aging adults and their families: Medicaid planning for long-term care, drafting and updating durable powers of attorney and healthcare directives, guardianship and conservatorship proceedings, special needs trusts, and asset protection. Many also handle probate and estate planning; elder law is the subset focused on care planning and benefits eligibility. The Montana healthcare proxy and financial power of attorney forms cover the two instruments.
Federal law, as Montana applies it, sets a 5-year lookback period for Medicaid long-term care eligibility. An uncompensated transfer in the five years before the application (a gift, a transfer to a family member, a transfer to a trust that does not qualify) can trigger a penalty period during which Medicaid does not pay for nursing home care. It is why Medicaid planning starts years before the care is needed, and why elder law exists as its own practice area.
Estate planning attorneys in Montana average $319Clio Compare Lawyer Rates, Montana: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $957Estimate: 3 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $3,620Estimate: 10 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,430Estimate: 15 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the Montana will cost calculator sets the two side by side.
In Montana, estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The Montana probate calculator estimates the cost by estate value.
In Montana, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship; a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.
Free Montana forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Montana requires 2Mont. Code Ann. § 50-9-103Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMont. Code Ann. § 50-9-103Verified Oct 15, 2026View source.
Montana treats a power of attorney as durable by defaultMCA § 72-31-305Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementMCA § 72-31-305Verified Sep 18, 2026View source.
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-522Verified Oct 18, 2026View source.
Free calculators and checklists for planning or settling an estate in Montana: will and trust costs, probate, executor pay, and inheritance taxes.
An attorney-prepared revocable trust in Montana runs $3,620Estimate: 10 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,430Estimate: 15 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $957Estimate: 3 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
In Montana, four years at a public university cost about $72,640NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 5% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesMont. Code Ann. § 72-16-905 (estate tax = maximum federal state death tax credit — a pickup tax that computes to $0 for deaths after 12/31/2004, IRC § 2011 credit repealed by EGTRRA 2001; part 9 still codified); Mont. Code Ann. Title 72, ch. 16, pts. 1, 3, 4, 7, 8 (inheritance tax) repealed eff. Jan. 1, 2001 (I-145, Nov. 2000)Verified Sep 15, 2026View source.
Probate on a $500,000 estate in Montana costs an estimated $24,934MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate. Estates under $100,000MCA § 72-3-1101Verified Sep 8, 2026View source can use a small-estate procedure instead.
Probate in Montana takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Montana automatically revokes an ex-spouse as beneficiary at divorceMCA § 72-2-814Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
8 elder law firms in Montana, by county and firm type.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.
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8 firms
FirmHelena, MT
Statewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.
PracticesEstate PlanningTrust AdministrationProbateElder LawBusiness Succession
FirmBillings, MT
Over 125 years of experience with more than 150 lawyers practicing from 11 offices in 3 states. Extensive experience in advising commercial and individual clients in complex probate and estate planning matters including wills, revocable trusts, financial and healthcare powers of attorney, charitable giving, and various trust planning alternatives.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
FirmWhitefish, MT
Multi-state law firm with a dedicated Whitefish office providing personalized estate planning services, wills, trusts, powers of attorney, healthcare directives, elder law, probate, and family law.
PracticesEstate PlanningProbateElder LawWills Trusts
Solo PracticeBillings, MT
Billings estate and elder-law practice serving Yellowstone County and the Thirteenth Judicial District, led by Sol Lovas, Montana's first Certified Elder Law Attorney (CELA). Handles post-death probate and trust administration, special-needs trusts, and Medicaid-eligibility work. Reduced fees are available for clients of limited means under federal poverty guidelines.
PracticesEstate PlanningProbateElder LawSpecial Needs Planningand 2 more
FirmMissoula, MT
Missoula elder-law practice handling probate and estate administration to transfer property and assets after death. Serves clients throughout Montana, including Billings, Bozeman, Great Falls, Helena, Kalispell, and Missoula, with offices in Great Falls, Kalispell, Missoula, and Helena. Also covers estate planning, Medicaid planning, and guardianship.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 more
FirmGreat Falls, MT
Great Falls law firm operating as Montana Estate Lawyers, focused on estate planning, estate administration, elder law, and business law. Dedicated practice helping Montana families with their estate planning needs.
PracticesEstate PlanningProbateElder LawGuardianshipWills Trusts
FirmBillings, MT
Boutique Billings law firm devoted exclusively to estate planning and elder law. Helps families protect their assets and loved ones from the legal impacts of incapacity, death, and taxes. Services include living trusts, wills, probate, trust administration, powers of attorney, irrevocable trusts, family limited partnerships, and charitable giving.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
FirmKalispell, MT
Providing Montana probate services, estate planning, wills and trusts, and elder law since 1995. Serves all counties in Montana from Kalispell and Columbia Falls offices, including Billings, Bozeman, Great Falls, Helena, Missoula, and Miles City. Offers a free 30-minute consultation and remote handling with no need for face-to-face meetings.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more