Estate Planning for Gallatin County, Montana Property Owners

For most Gallatin 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 Gallatin 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 Gallatin 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.

Without a recorded beneficiary designation or a trust, Gallatin County property passes through the District Court — even simple Montana probates run 4+ months and start with $100 in 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 Gallatin County

A transfer on death deed names a beneficiary who receives Gallatin 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 →Gallatin Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Gallatin County are recorded with the County Clerk and Recorder, led by County Clerk and Recorder / Surveyor Eric Semerad, at 311 West Main Street, Room 203, Bozeman, MT 59715. Phone: 406-582-3050. Hours: Monday through Friday: 8 am - 5 pm.

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

Gallatin County accepts electronic recording through eRecording Partners Network (ePN) / CSC / Indecomm / Simplifile.

Recording Office Record

County Clerk and Recorder

Gallatin County · County Clerk and Recorder / Surveyor · Eric Semerad

Address

311 West Main Street, Room 203Bozeman, MT 59715

Fax

406-582-3196

Hours

Monday through Friday: 8 am - 5 pm

E-recording

Available via eRecording Partners Network (ePN) / CSC / Indecomm / SimplifileE-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 Gallatin County

FirmBozeman, MT

Bryan Law Firm, P.C.

Serves 2 counties

Bozeman firm serving estate and probate clients throughout the Gallatin Valley. Guides personal representatives and trustees through Montana probate and post-death trust administration, from asset inventory to distribution to beneficiaries. The practice ranges from simple wills and living trusts to tax-driven and asset-protection planning.

PracticesEstate PlanningTrust AdministrationTax PlanningAsset Protectionand 2 more

Office
11 East Main Street, Suites B & DBozeman, MT 59715

FirmLivingston, MT

Huppert, Swindlehurst & Woodruff, P.C.

Since 1954 · Serves 3 counties

Established in 1954, this Livingston firm provides estate planning, probate, trusts and estates, real estate, banking, business law, and agricultural law services to Park County and surrounding areas. Received the highest rating through Martindale-Hubbell.

PracticesEstate PlanningBusiness LawProbate AdministrationReal EstateWills Trusts

Office
420 South Second StreetLivingston, MT 59047

FirmBozeman, MT

Luebeck, Hammar, McCarty & Goldwarg

Serves 4 counties

Downtown Bozeman firm, formerly Angel, Coil & Bartlett, counseling clients on wills, trusts, estate planning, and asset protection. Also handles estate administration and estate and trust litigation. Serves Southwest Montana including Bozeman, Big Sky, Big Timber, Ennis, Livingston, Gardiner, and Three Forks.

PracticesEstate PlanningAsset ProtectionProbate AdministrationWills Trusts

Office
200 Highland Blvd, Suite 203Bozeman, MT 59715

FirmBozeman, MT

Schwasinger & Fallaw, PC

Serves 1 county

Founded in the 1980s in Bozeman, providing timely, competent, and practical legal advice to individuals and business owners in real estate, business, and probate law. Prepares deeds, wills, powers of attorney, and other estate planning documents.

PracticesEstate PlanningBusiness LawProbate AdministrationReal EstateWills Trusts

Office
517 S 22nd Avenue, Suite 2Bozeman, MT 59718

FirmMissoula, MT

BJM Law PLLC

Serves the whole state

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

Office
2809 Great Northern Loop, Suite 100Missoula, MT 59808

FirmHelena, MT

Browning, Kaleczyc, Berry & Hoven, P.C.

Serves the whole state

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

Office
800 N Last Chance Gulch, Suite 101Helena, MT 59601
See all 12 firms serving Gallatin 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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Legal Sources

Data sourced from Montana statutes and official state code. How we research.

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