Estate Planning for Carbon County, Montana Property Owners

For most Carbon County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Carbon County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Carbon County home out of probate are a transfer-on-death deed recorded with the County Clerk and Recorder, and a revocable living trust that holds title to the property.

Skipping this planning step means the District Court decides who receives the property: a simple Montana probate takes 4+ months and opens with $100 in court filing fees. Montana also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Carbon County

A transfer on death deed names a beneficiary who receives Carbon County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder during the owner's lifetime and can be revoked at any time.

Before recording, a Montana transfer on death deed is signed with notary acknowledgmentMCA 72-6-401 to 72-6-418Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathMCA 72-6-401 to 72-6-418Verified Aug 24, 2026View source.

Create a MontanaTOD deed →Carbon Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Carbon County are recorded with the County Clerk and Recorder, led by Clerk and Recorder Macque L. Bohleen, at 17 West 11th Street, Red Lodge, MT 59068. Phone: 406-446-1220. Hours: Monday - Friday (except legal holidays), 8 a.m. - 5 p.m.

Documents submitted by mail go to PO Box 887, Red Lodge, MT 59068.

The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page. A 2-page transfer on death deed costs $30 to record in Carbon County. A transfer on death deed is exempt from transfer tax.

Carbon County accepts electronic recording through Simplifile / CSC.

Recording Office Record

County Clerk and Recorder

Carbon County · Clerk and Recorder · Macque L. Bohleen

Address

17 West 11th StreetRed Lodge, MT 59068Mailing: PO Box 887, Red Lodge, MT 59068

Fax

406-446-2640

Hours

Monday - Friday (except legal holidays), 8 a.m. - 5 p.m.

E-recording

Available via Simplifile / CSCE-recording info →
Visit recorder website →

Recording fees

Base fee (first page)$20
Each additional page$10
Transfer tax on a TOD deedExempt

MCA 7-4-2637 (fees for recording documents); MCA 7-4-2636 (standards for recorded documents); House Bill 192, 69th Legislature (2025) — Ch. 480, L. 2025 — fee increase effective October 1, 2025

Open in Google Maps

Verified September 7, 2026 · Source

Estate Planning Attorneys Serving Carbon County

FirmBillings, MT

Bluebird Law, PLLC

Since 2020 · Serves 4 counties

Billings-based estate planning firm founded in 2020, serving Yellowstone County and the surrounding Beartooth counties. Handles estate planning, asset protection and kids protection planning, plus business, agricultural, water, and real estate law. Estate and trust administration, including probate, is offered to existing clients only.

PracticesEstate PlanningTrust AdministrationAsset ProtectionBusiness LawProbate Administration

Office
100 N 27th Street, Suite 350Billings, MT 59101
Free consultation

FirmBillings, MT

Dietrich & Associates, P.C.

Serves 4 counties

Billings estate-planning and probate firm serving Yellowstone County and clients statewide. Handles court-supervised probate administration, guardianships and conservatorships, and trust and probate litigation including will contests, alongside asset protection and agricultural-succession planning.

PracticesEstate PlanningTrust LitigationGuardianshipAsset Protectionand 2 more

Office
404 N 31st St, #213Billings, MT 59101

Solo PracticeBillings, MT

Legacy Law Center, P.C.

Serves 5 counties

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 PlanningElder LawSpecial Needs PlanningMedicaid Planningand 2 more

Office
2817 Second Avenue North, Suite 207Billings, MT 59101

FirmBillings, MT

Patten, Peterman, Bekkedahl & Green, PLLC

Serves 5 counties

Billings law firm helping clients create estate plans that protect assets and ensure families are provided for. Probate lawyers can help legally verify a loved one's will and guide families through the probate process. Licensed in Montana, Wyoming, North Dakota, Arizona, and California.

PracticesEstate PlanningTrust LitigationTax PlanningGuardianshipand 2 more

Office
401 N 31st St, Ste 800Billings, MT 59101

FirmBillings, MT

Thompson Painter Law P.C.

Serves 3 counties

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 AdministrationElder LawTax Planningand 2 more

Office
180 South 32nd Street West, Suite 3Billings, MT 59102

FirmBillings, MT

Coleman, Monson & Small PLLC

Billings business-and-tax firm, formerly Billstein, Monson & Small, whose estate planning, probate, and trust administration group serves clients across Montana. Handles estate administration and will contests, and advises trustees, personal representatives, and court-appointed conservators. Work skews toward business owners and ranch families with tax or succession complexity.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 3 more

Office
1555 Campus Way, Suite 201Billings, MT 59102
See all 15 firms serving Carbon County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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