Quick answer: the most common mechanical mistake is never recording a new deed into the trust's name for real estate. The most common Montana-specific mistake is assuming the trust shields assets from a spouse's elective share — it doesn't, since 2023. See how the numbers change in the Montana probate vs living trust calculator.
Signing ≠ funding
1. Real estate deed never recorded — the #1 mechanical mistake
Moving real estate into a trust requires a new deed, signed and recorded, naming the trust as owner. This is the step most often skipped. Left undone, that property remains a probate asset — subject to the full District Court process, regardless of the trust document sitting in a drawer.
2. Assuming the trust protects against an elective share — Montana's own risk
Because Montana expanded its augmented estate in 2023 to include revocable trusts, a blended-family settlor who assumes a trust will quietly redirect assets away from a surviving spouse's statutory claim is mistaken. Trust assets are counted in the augmented estate the same as if they'd passed by will.
3. Mineral and water rights left out
Ranch estates often include mineral rights, water rights, or grazing interests that require their own assignment or conveyance documents, distinct from a standard property deed, to move cleanly into a trust's name. These are easy to overlook when funding is done quickly.
4. Financial accounts left titled individually
Bank and brokerage accounts don't join a trust automatically. Each one has to be retitled into the trust's name, or the institution needs a copy of the trust document plus a change-of-ownership form — a step often skipped for accounts opened after the trust was created.
A local probate attorney can review your estate — many offer a free consultation.