πŸ”οΈ How to Set Up a Trust in Montana (2025 Guide)

Montana families are increasingly turning to trusts to protect their property, simplify inheritance, and avoid the hassle of probate court. If you’re wondering how to create a trust in Montana without paying a fortune in legal fees, this guide is for you.

10/27/20252 min read

πŸ”οΈ How to Set Up a Trust in Montana (2025 Guide)

Montana families are increasingly turning to trusts to protect their property, simplify inheritance, and avoid the hassle of probate court.

If you’re wondering how to create a trust in Montana without paying a fortune in legal fees, this guide is for you.

πŸ” What Is a Trust?

A trust is a legal document that lets you transfer ownership of your assets into a protected structure, managed by a trustee, for the benefit of your chosen beneficiaries.

The most common type is a Revocable Living Trust, which:

βœ… Lets you control your assets while you're alive
βœ… Avoids Montana probate court
βœ… Keeps your affairs private
βœ… Transfers property seamlessly to your loved ones
βœ… Helps plan for incapacity, illness, or aging

πŸ“ How to Set Up a Trust in Montana

1. Choose the Right Type of Trust

Start with a Revocable Living Trust, which is valid under Montana Code Annotated Title 72. It’s flexible, changeable, and works well for most families.

You can add specialized clauses to customize your trust:

  • ☐ Special Needs Subtrust

  • ☐ Minor’s Trust

  • ☐ Pet Trust

  • ☐ Spendthrift Protection

  • ☐ Dynasty Clause

βœ… TrustGenie includes these options at no extra charge.

2. Choose the Key People

Every Montana trust needs:

  • ☐ Grantor (Settlor) – You, the person creating the trust

  • ☐ Trustee – Manages trust assets (can be you)

  • ☐ Successor Trustee – Takes over if you’re incapacitated or pass away

  • ☐ Beneficiaries – Those who receive your assets

βœ… Montana allows individuals, married couples, or joint property owners to set up trusts.

3. List Your Trust Assets

Common Montana trust assets include:

  • Montana real estate (including ranches or homesteads)

  • Bank and credit union accounts

  • Stocks, bonds, mutual funds

  • Business interests and LLCs

  • Vehicles and trailers

  • Mineral rights, oil, gas

  • Personal property and heirlooms

  • Digital assets (cryptocurrency, domain names, etc.)

βœ… TrustGenie includes a Schedule A and General Assignment form to simplify this step.

4. Draft, Sign, and Notarize the Trust

Montana trusts must be:

  • In writing

  • Signed by the Grantor(s)

  • Notarized for added proof (required)

βœ… TrustGenie provides detailed signing instructions that follow Montana requirements.

5. Fund the Trust

Funding your trust is essential β€” it’s what gives the trust its power.

To fund your Montana trust:

  • ☐ Execute and record a Quitclaim Deed or Warranty Deed for real estate

  • ☐ Change account titles to your trust name

  • ☐ Assign personal property using a General Assignment

  • ☐ Transfer business shares or amend Operating Agreements

  • ☐ Update beneficiary designations on insurance or retirement plans

🚨 Unfunded trusts = probate
Make sure every asset is legally titled or assigned to your trust.

⚠️ Common Mistakes in Montana

❌ Forgetting to fund the trust
❌ Naming underage kids without a minor’s clause
❌ Not including Montana mineral rights
❌ Losing your trust documents
❌ Using a generic online template not valid in MT

πŸ’° Cost to Create a Trust in Montana

Method Estimated Cost Attorney$2,000 – $5,000+ Online Template$100 – $400 TrustGenie$150/year (all-in)

βœ… Includes Montana-specific forms, funding tools, and support.

🧠 Do I Need a Lawyer to Make a Trust in Montana?

No. Under Montana law, any adult of sound mind can create a valid trust if it:

  • Names a trustee and beneficiaries

  • Is signed by the grantor

  • Is in writing

  • Is funded with assets

βœ… TrustGenie gives you everything you need β€” step-by-step.

πŸ“Ž Free Download: [Montana Trust Setup Checklist]
(Ask to receive the plain text checklist.)

βœ… Ready to Start Your Montana Trust?

Thousands of Montana families have created trusts to protect their land, wealth, and family β€” without wasting money on legal fees.

πŸ‘‰ [Create Your Montana Trust – $150/year]