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Montana Probate vs Living Trust Calculator

A 2023 law change means a Montana revocable trust no longer hides assets from a surviving spouse's claim — and, despite its wide-open reputation, Montana was never a dynasty-trust state to begin with.

Probate side: MCA § 72-3-631 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Montana estate

Enter your estate value and a market-rate assumption — Montana sets no fixed percentage since 2019, so this is illustrative.

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Estimated Montana probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Is it worth it for me? →
Facing probate in Montana?

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Closing the spousal-disinheritance loophole

Montana's standout feature: in 2023, Montana expanded the augmented estate — the pool of assets counted toward a surviving spouse's elective share — to explicitly include revocable trusts, retirement accounts (401(k)s, IRAs), and joint accounts under MCA § 72-2-222. Before this change, a spouse could be effectively disinherited by directing wealth into a trust or tax-deferred account with a non-spouse beneficiary. Today, virtually no asset class escapes a spousal elective share claim — a revocable living trust provides no shelter here, whatever it does for probate avoidance.

Separately, despite Montana's wide-open, low-regulation reputation, it is not a dynasty-trust haven like its neighbors South Dakota and Wyoming: Montana still follows the Uniform Statutory Rule Against Perpetuities (MCA § 72-2-1002), capping most trust durations at 90 years or lives-in-being plus 21 years. A Montana trust is a solid, ordinary estate-planning tool — not a perpetual wealth-shelter vehicle.

The probate side of this comparison reuses the same approach as the Montana Probate Cost Calculator: reasonable compensation under MCA § 72-3-631 for the personal representative and the attorney, with no fixed percentage since 2019, when the legislature repealed the old 3%/2% schedule. The trust side is also market data: a basic Montana revocable living trust commonly runs $1,000–$3,000. See the full breakdown in Montana Living Trust Setup Cost.

Montana probate vs living trust — frequently asked questions

Does a Montana living trust protect assets from a surviving spouse's elective share?

No. Since a 2023 expansion of the augmented estate under MCA 72-2-222, revocable trusts are explicitly counted when calculating a surviving spouse's elective share — closing a loophole that previously let a spouse be effectively disinherited through trust planning.

Is Montana a dynasty-trust or perpetual-trust state?

No. Unlike neighboring South Dakota, Wyoming, and Nevada, Montana has not abolished the rule against perpetuities. It follows the Uniform Statutory Rule Against Perpetuities, capping most trust durations at 90 years or lives in being plus 21 years.

How much does Montana probate cost compared to a living trust?

Montana repealed its old percentage fee schedule in 2019, so both the personal representative and attorney fees are reasonable, uncapped amounts. A Montana living trust commonly runs $1,000–$3,000.

Montana living trust tools & guides

Montana Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Montana?A decision framework Montana Living Trust Funding MistakesWhy trusts still fail to avoid probate Montana Probate Cost CalculatorThe reasonable-fee breakdown Montana Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Montana statute (MCA § 72-3-631), which sets no fixed percentage since 2019; any percentage shown is illustrative market data, not a legal rate. Trust-side figures are also illustrative market rates. Montana's augmented estate rules (MCA § 72-2-222) may affect a surviving spouse's elective share regardless of trust use in a blended-family or second-marriage situation. Confirm current figures with the District Court or a licensed Montana estate planning attorney before acting.