Forms for Planning Your Estate in Montana

Free forms for planning your estate in Montana: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Healthcare Power of Attorney

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.

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Transfer on Death Deed

In Montana, a transfer on death deed is signed before a notaryMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.

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Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

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Living Will

In Montana, the living will is the DeclarationMont. Code Ann. §§ 50-9-101 to 50-9-505 (Montana Rights of the Terminally Ill Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Last Will and Testament

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.

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Tools for Planning Your Estate in Montana

Free tools for planning your estate in Montana: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

Do I Need a TOD Deed?

Montana authorizes transfer on death deedsMCA 72-6-401 to 72-6-418Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.

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Do I Need a Vehicle TOD?

Montana allows a transfer-on-death beneficiary designation on a vehicle titleMont. Code Ann. 61-3-226Verified Aug 25, 2026View source, filed through the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent using Form MV13.

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What Does Estate Planning Actually Cost?

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.

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How Much Life Insurance Do I Need?

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.

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Are My Beneficiary Designations Protected?

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.

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How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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How Much Does Probate Cost?

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. Attorney fees run 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 under a reasonable-compensation standard.

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Montana Estate Planning Resources

In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.