For most Toole 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 Toole 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 Toole 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 Toole 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 Toole County are recorded with the County Clerk and Recorder, led by Clerk and Recorder / Election Administrator Treva Nelson, at 226 1st St South, Suite 203, Shelby, MT 59474. Phone: 406-424-8307. Hours: Monday - Friday 8:00AM - 5:00PM; closed on federal holidays.
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 Toole County. A transfer on death deed is exempt from transfer tax.
Toole County accepts electronic recording through Simplifile.
Recording Office Record
Toole County · Clerk and Recorder / Election Administrator · Treva Nelson
Address
Phone
Hours
E-recording
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
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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 Toole 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.
