What Do I Need to Sign My TOD Deed in Montana?
In Montana, a transfer on death deed is signed before a notaryMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.
No. Montana does not require witnesses for a TOD deedMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.
Yes. Montana requires notarization for a TOD deed to be validMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.
Montana allows remote online notarization (RON) for TOD deedsMCA 1-5-603Verified Sep 9, 2026View source, a secure video session with an approved online notary. The state also accepts an out-of-state RONMCA 1-5-603Verified Sep 9, 2026View source.
To execute a TOD deed in Montana: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the County Clerk and Recorder. Include a legal description of the property. Wet signature required; the notarization step may still be remote
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Montana TOD deed recorded in the Montana county where the property sits. A TOD deed signed in another state cannot transfer Montana real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Montana document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in Montana: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-522Verified Oct 18, 2026View source.
Codicil to a Will
In Montana, a codicil is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-524Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Montana requires 2Mont. Code Ann. § 50-9-103Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMont. Code Ann. § 50-9-103Verified Oct 15, 2026View source.
HIPAA Release
In Montana, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Financial Power of Attorney
Montana treats a power of attorney as durable by defaultMCA § 72-31-305Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementMCA § 72-31-305Verified Oct 21, 2026View source.
Transfer on Death Deed
In Montana, a transfer on death deed is signed before a notaryMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source. Montana does not recognize a Lady Bird deed.
Vehicle Transfer on Death
Montana allows a transfer-on-death beneficiary designation on a vehicle titleMont. Code Ann. 61-3-226Verified Oct 21, 2026View source, filed through the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent using Form MV13.
Living Will
In Montana, the living will is the DeclarationMont. Code Ann. §§ 50-9-101 to 50-9-505 (Montana Rights of the Terminally Ill Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Montana
Free tools for planning your estate in Montana: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Montana recognizes a will signed under the law of the place where it was signedMCA § 72-2-526Verified Oct 18, 2026View source; a will signed in Montana itself needs 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and notarization is not requiredMCA § 72-2-522Verified Oct 18, 2026View source.
Trust or Will: Which Costs Less?
In Montana, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Montana runs $3,620Estimate: 10 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,430Estimate: 15 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Montana runs $957Estimate: 3 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,934MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In Montana, a parent names a guardian for a minor child in a willMont. Code Ann. §§ 72-5-211, 72-5-212, 72-5-213, 72-5-222, 72-5-223Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mont. Code Ann. § 41-1-101Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Montana takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
Montana authorizes transfer on death deedsMCA 72-6-401 to 72-6-418Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.