Estate Planning for Madison County, Montana Property Owners

For most Madison 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 Madison 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 Madison 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 Madison County

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

Where to Record Property Documents

Deeds and other real property documents for Madison County are recorded with the County Clerk and Recorder, led by Clerk and Recorder and Election Administrator Paula McKenzie, at 103 W. Wallace St., First Floor, Virginia City, MT 59755. Phone: 406-898-4406.

Documents submitted by mail go to PO Box 366, Virginia City, MT 59755.

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 Madison County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk and Recorder

Madison County · Clerk and Recorder and Election Administrator · Paula McKenzie

Address

103 W. Wallace St., First FloorVirginia City, MT 59755Mailing: PO Box 366, Virginia City, MT 59755
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 Madison County

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

FirmHelena, MT

Wall, McLean & Gallagher

Serves 4 counties

Helena law firm providing estate planning and probate services with clarity and compassion. Also maintains an office in Anaconda. Practice areas include personal injury, family law, estate planning and probate, business law, and real estate litigation.

PracticesEstate PlanningProbate AdministrationReal Estate

Office
1 N Last Chance Gulch, STE 4Helena, MT 59601
Free consultation

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

FirmBillings, MT

Crowley Fleck PLLP

Serves the whole state

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

Office
490 N 31st St, Suite 500Billings, MT 59101

FirmGreat Falls, MT

Flaherty Gallardo Law Firm

Serves the whole state

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

Office
1026 1st Ave SouthGreat Falls, MT 59401
Free consultation
See all 10 firms serving Madison 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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