Revocable Living Trusts in Montana
How revocable living trusts work under Montana law and the other ways to pass property without probate.
Short answer: Montana adopted the Uniform Trust Code (Mont. Code Ann. Title 72, Chapter 38). For trusts created by instruments signed on or after October 1, 1989, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Mont. Code Ann. § 72-38-602
| Revocable living trust | Montana adopted the Uniform Trust Code (Mont. Code Ann. Title 72, Chapter 38). For trusts created by instruments signed on or after October 1, 1989, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate. Source: Mont. Code Ann. § 72-38-602 |
|---|---|
| Ways to avoid probate | Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); vehicle and vessel beneficiary designations filed with the MVD on form MV13; revocable trusts (§ 72-38-602); and collection of personal property by affidavit, or vehicle title by non-probate transfer, when the entire estate is $100,000 or less (§ 72-3-1101). |
More Montana estate law
- Medical Power of Attorney in Montana
- Small Estate Affidavit in Montana
- Power of Attorney in Montana
- Quitclaim Deeds and Transferring Property in Montana
- Who Inherits If You Die Without a Will in Montana
- How to Make a Valid Will in Montana
- How Probate Works in Montana
- Living Wills and Advance Directives in Montana
- Executor Duties in Montana
- Letters Testamentary in Montana
- Affidavit of Heirship in Montana
- How to Avoid Probate in Montana
- Transferring a Car After Someone Dies in Montana
- All Montana wills, probate and estate rules
FAQ
How do living trusts work in Montana?
Montana adopted the Uniform Trust Code (Mont. Code Ann. Title 72, Chapter 38). For trusts created by instruments signed on or after October 1, 1989, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate.
How can you avoid probate in Montana?
Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); vehicle and vessel beneficiary designations filed with the MVD on form MV13; revocable trusts (§ 72-38-602); and collection of personal property by affidavit, or vehicle title by non-probate transfer, when the entire estate is $100,000 or less (§ 72-3-1101).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.