For most Carter 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.
For a Carter 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 Carter 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.
A transfer on death deed names a beneficiary who receives Carter 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.
Deeds and other real property documents for Carter County are recorded with the County Clerk and Recorder, led by Clerk and Recorder Judy Wright, at 214 East Park Street, Ekalaka, MT 59324. Phone: 406-775-8749.
Documents submitted by mail go to P.O. Box 315, Ekalaka, MT 59324.
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 Carter County. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Carter County · Clerk and Recorder · Judy Wright
Address
Phone
Fax
Recording fees
| Base fee (first page) | $20 |
| Each additional page | $10 |
| Transfer tax on a TOD deed | Exempt |
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
Verified September 7, 2026 · Source
FirmMiles City, MT
Serving eastern Montana since 1971, including Miles City, Hysham, Colstrip, Forsyth, Jordan, Terry, Sidney, Glendive, Baker, Ekalaka, and Broadus. Practice areas include real estate, business services, contracts, probates, estate planning, oil and gas, minerals, guardianships and conservatorships.
PracticesEstate PlanningGuardianshipProbate AdministrationReal Estate
FirmMissoula, MT
Formerly Bjornson Jones Mungas, PLLC. Over fifty years of combined experience in transactional, business and corporate law, contracts, real estate law, estate planning and probate administration, finance, and tax law. Serves clients throughout Montana and Washington.
PracticesEstate PlanningTrust AdministrationTax PlanningBusiness SuccessionProbate Administration
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 AdministrationElder LawBusiness SuccessionProbate Administration
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 AdministrationElder LawTax Planningand 4 more
FirmGreat Falls, MT
Provides legal assistance with wills, probate, and estate planning. Serves clients throughout Montana from Libby to Havre to Bozeman to Billings.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmMissoula, MT
Serves western and central Montana from Missoula (Missoula County, Fourth Judicial District), handling probate administration, will and trust drafting, and estate settlement alongside its insurance-litigation practice. Attorneys guide personal representatives through asset inventory, creditor notice, and distribution. Free consultations available; the firm also maintains an Arizona office.
PracticesEstate PlanningTrust AdministrationProbate LitigationTrust LitigationProbate Administration
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Data sourced from Montana statutes and official state code. How we research.
Estate planning articles for Montana.
Forms and tools for property owners in Carter County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Montana.
