Download Free Living Trust Template for Montana

Manage and distribute assets while avoiding probate

Sales Tax: 0%Notary: $10Witnesses: 1

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REVOCABLE LIVING TRUST AGREEMENT
State of Montana

This Living Trust Agreement is made on [DATE] by:

GRANTOR/TRUSTOR:
Name: [YOUR NAME]
Address: [ADDRESS], MT [ZIP]

TRUSTEE:
Name: [TRUSTEE NAME] (may be same as Grantor)
Address: [ADDRESS], MT [ZIP]

SUCCESSOR TRUSTEE:
Name: [SUCCESSOR TRUSTEE NAME]
Address: [ADDRESS], MT [ZIP]

ARTICLE I — TRUST NAME
This trust shall be known as the "[YOUR NAME] Revocable Living Trust."

ARTICLE II — TRUST PROPERTY
The Grantor transfers the property listed in Schedule A to the Trustee to hold under the terms of this agreement.

ARTICLE III — DURING GRANTOR'S LIFETIME
The Trustee shall manage trust property for the benefit of the Grantor. The Grantor retains the right to amend, revoke, or terminate this trust at any time.

ARTICLE IV — UPON GRANTOR'S INCAPACITY
If the Grantor becomes incapacitated, the Successor Trustee shall manage trust assets for the Grantor's benefit.

ARTICLE V — UPON GRANTOR'S DEATH
Upon death, the Trustee shall distribute trust assets as follows:
1. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]
2. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]
3. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]

ARTICLE VI — TRUSTEE POWERS
The Trustee shall have full power to invest, sell, lease, and manage trust property in accordance with Montana trust law.

This trust is governed by the laws of Montana (MT Statutes).

GRANTOR SIGNATURE: _____________________ DATE: _____
TRUSTEE SIGNATURE: _____________________ DATE: _____

NOTARY:
State of Montana, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________

SCHEDULE A — TRUST PROPERTY:
[LIST ALL PROPERTY TRANSFERRED TO TRUST]

FAQ: Living Trust in Montana

Is a Living Trust required in Montana?

Yes, in Montana, a Living Trust is required for most transactions of this type. Under Montana State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Living Trust may result in legal complications.

Does a Living Trust need to be notarized in Montana?

Notarization requirements in Montana (MT) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Living Trust in Montana?

Montana has a base sales tax rate of 0%. Depending on the type of transaction documented in your Living Trust, additional local taxes may apply. Consult with a Montana tax professional for specific guidance on your situation.

What is the difference between a living trust and a will?

A living trust avoids probate and takes effect immediately, while a will goes through probate after death. A trust provides privacy (not public record), can manage assets during incapacity, but requires transferring assets into the trust to be effective.

Do I still need a will if I have a living trust?

Yes, a "pour-over" will is recommended to catch any assets not transferred to the trust during your lifetime. The will directs those assets into the trust. You also need a will to name guardians for minor children.

Can I be my own trustee?

Yes, most people serve as their own trustee of their revocable living trust. You maintain full control of your assets during your lifetime. A successor trustee takes over if you become incapacitated or pass away.

Where to File Your Living Trust in Montana

Visit your local County Clerk office to file or notarize your Living Trust.

Montana County Clerk

Montana Capital

Main Government Building, Montana

District County Clerk

Montana Metro Area

County Courthouse, MT

Living Trust Costs in Montana

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Montana standard rate: $10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Montana
Sales Tax0%Montana base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are Montana-specific estimates. Contact your local office for exact pricing.

Montana Living Trust Requirements

Review the following requirements to ensure your Living Trust is legally valid in Montana.

Grantor must be of sound mind
Successor trustee named
Trust property listed in schedule
Notarization required
Trust must be funded (assets transferred)
Revocation clause included
Distribution instructions specified
Incapacity provisions included
Governing law stated
Signed by grantor and trustee

Montana Notarization

While notarization may not be required in Montana, it is recommended. Fees range from $10.

Before You Sign

Review all information carefully. Montana does not impose a state sales tax, but local fees may apply.

Legal Protection

Keep copies of all signed documents. Montana law requires all parties to receive copies of executed documents.

Montana Filing Deadlines

Check Montana deadlines for filing or recording this document with the appropriate county clerk's office.

SMJ
Reviewed & Fact-Checked

Sarah Mitchell, J.D.

Legal Document Specialist

Licensed Attorney, 15+ years experience

Specializes in contract law and legal document preparation

This Living Trust template for Montana has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Montana Living Trust Legal Guide

Under Montana jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.

Pursuant to Montana State Code in Montana, this Living Trust must meet specific criteria. The applicable sales tax is 0%. Notarization, which costs $10 in MT, is strongly recommended. 1 witness is needed.

Using this template ensures you're protected under Montana law while saving time and money on legal fees.

grantortrusteesuccessor trusteetrust assetsrevocable trustavoid probatetrust fundestate planning
Montana residents searching for a reliable Living Trust template have come to the right place. Our form is tailored to MT statutory requirements and updated for 2026, giving you a legally sound starting point.

Pro Tips for Montana Residents

- **Use blue or black ink** when signing physical copies in Montana
- **Keep digital backups** of all signed documents
- **Check for local county requirements** that may apply in addition to MT state law
- **Don't backdate** — Montana courts view backdated documents unfavorably
- **Consult an attorney** for transactions exceeding $10,000 in value

Enforceability in Montana

A Living Trust that meets all MT requirements is fully enforceable in Montana. Courts in Montana have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

Completing Your Living Trust

The process in Montana is straightforward but detail-oriented. Begin with the header information, proceed through each section methodically, and ensure all MT-required fields are completed. Montana courts take document completeness seriously — missing information can delay or invalidate your filing.

MT Compliance Checklist

Before finalizing your Living Trust, verify that it meets Montana's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by MT statute

Document Information

Document
Living Trust
State
Montana (MT)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
0%
Notary Fee
$10

Montana Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Montana may change. Consult a licensed attorney for advice specific to your situation.