Updated August 02, 2023
A Montana revocable living trust form is similar to a Last Will and Testament in that it dictates how an estate is to be divided upon the owner’s death. However, a revocable living trust places the Grantor’s assets and physical property into a trust, which allows their Beneficiaries to bypass the probate process when the estate is distributed. Unlike an irrevocable living trust, this type of trust can be revoked and amended during the Grantor’s lifetime. In addition to allowing Beneficiaries to avoid probate court proceedings and their associated costs, a revocable living trust offers the Grantor a little extra security in terms of knowing that their affairs will be properly handled should anything unfortunate happen to them.
Definition – § 72-38-103(17)
Laws – Title 72, Chapter 38, Part 6 (Revocable Trusts)
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Begin filling out the Trust Document by providing the following information on the first page:
- Grantor’s name
- Date
- Grantor’s name
- Grantor’s mailing address
- Trustee’s name
- Trustee’s mailing address
Step 3 – Next, in “Article 1,” supply the name of the Trust and indicate whether this is a new Trust or not.
Step 4 – Beneath “Article 4,” in section “A,” provide the name(s) of any individuals receiving specific property and describe the property for each applicable instance.
Step 5 – In section “B,” select whether all personal property will be transferred to “The Beneficiaries” or to a specific party. If the second option is selected, the specific individuals name, address, and SSN or TIN must be provided.
Step 6 – For a Trust which includes any pets, the name and address for a Pet Caretaker and Alternate Pet Caretaker must be provided.
Step 7 – If there is a Pet Trust, in section “ii,” indicate whether there will be funding set aside for the Pet Caretaker, and if so, how much (in US dollars) and for how long (in months or years).
Step 8 – To complete “Article 4,” section “C,” provide the name and address of a person appointed to monitor the Pet Caretaker.
Step 9 – Now, in “Article 4,” section “D,” provide the names, SSN (or TIN), and address for up to four (4) Beneficiaries.
Step 10 – In Article 10, indicate the amount of time (in months or years) that must pass before the Beneficiaries may request an accounting of the Trust properties.
Step 11 – In “Article 13,” the names and mailing addresses of the appointed Successor Trustee and 2nd Successor Trustee must be supplied.
Step 12 – Under section “I” of “Article 13,” you must indicate whether the Trustee will be compensated or not by selecting the appropriate checkbox.
Step 13 – Next, in “Article 15,” indicate how many days after the Grantor’s death the Beneficiaries must wait before the Trust Estate can be divided.
Step 14 – Beneath “Article 17,” indicate whether the Grantor is married and, if they are, enter the Spouse’s name.
Next, select the appropriate checkbox to indicate whether the Grantor’s or the Spouse’s estate will benefit from the other in the event that neither can be determined as the first decedent.
Step 15 – Under “Article 18,” provide the names of any children that the Grantor has (if applicable).
Step 16 – If there are any individuals and/or organizations that are specifically excluded from the Trust, name them under “Article 21.”
Step 17 – In “Article 22,” it will be required that the Grantor, Trustee and Successor provide their signature, their printed name, and the date into the appropriate spaces.
Step 18 – Complete the “Self-Proving Affidavit” on page 18 by supplying the following information and signatures:
- State
- County
- Grantor’s signature plus the date
- Trustee’s signature plus the date
- Successor Trustee’s signature plus the date
- 2nd Successor Trustee’s signature plus the date
- Witness signature plus the date
- 2nd Witness signature plus the date
Step 19 – The “Notary Acknowledgement” must be completed by a Notary Public in order to notarize the Trust, by providing the following information (this step is recommended, but not required):
- Date of witness
- Name of Grantor
- Commission expiry date
- Notary’s signature
- Notary’s printed name
Step 20 – Lastly, beneath “Attachment A” on the final page of the Trust document, list all of the assets and holdings that are to be transferred into the Trust.
