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Montana Trust Administration
Support GuideMontana34 min read

Montana Trust Administration

Montana trust administration under the Uniform Trust Code: the two 60-day notices, annual reports, creditor exposure and final distribution.

By Settled Editorial

Montana trust administration is the work a successor trustee does after the person who made a living trust dies. Two 60-day clocks start under MCA 72-38-813(2): one to tell the qualified beneficiaries you accepted the job, one to tell them the trust is now irrevocable. No court opens a file unless someone petitions.

The rules sit in Title 72, Chapter 38 of the Montana Code Annotated, which the code captions the Montana Uniform Trust Code (Chapter 264, Laws of 2013). Read this beside how Montana trusts are set up for the settlor's side. This page is general information about Montana law rather than advice about one trust, so check your own document against each section it cites.

Montana Lets the Trust Document Switch Off the Notice Duties

Start with the document. MCA 72-38-105(1) says the chapter governs a trustee's duties and powers except as otherwise provided in the terms of the trust. Section 72-38-105(2) then lists what trust terms cannot override:

  • the requirements for creating a trust
  • the duty to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries
  • the requirement that the trust exist for its beneficiaries and have a lawful, possible purpose
  • the court's authority to modify or terminate a trust under 72-38-410 through 72-38-416
  • the effect of a spendthrift provision
  • the court's control over a bond under 72-38-702
  • the court's authority under 72-38-708(2) to adjust compensation the trust sets unreasonably low or high
  • the effect of an exculpatory term under 72-38-1008
  • the rights of outsiders who deal with the trustee under 72-38-1010 through 72-38-1013
  • the periods of limitation for starting a judicial proceeding
  • the court's jurisdiction and venue under 72-38-201 and 72-38-205

The duty to inform and report is missing from that list. Section 72-38-813 goes further on its own terms: it opens by saying a trustee shall comply with each of its requirements unless the trust instrument limits or waives that requirement in so many words. So a Montana trust can turn off the 60-day notices or the annual report, as long as the instrument says so expressly. Most documents do not. If yours is silent, every duty below applies.

One date limit also matters for older trusts. Section 72-38-813(5) says the two 60-day notices do not apply to a trustee who accepted before October 1, 2013, to an irrevocable trust created before that date, or to a revocable trust that became irrevocable before it.

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Who Counts as a Qualified Beneficiary

Most notices go to "qualified beneficiaries," so pin down that list first. MCA 72-38-103(16) defines a qualified beneficiary as someone who, on the date it is measured:

  • is a distributee or permissible distributee of trust income or principal
  • would be one if the current distributees' interests ended that day without ending the trust
  • would be one if the trust ended that day

Section 72-38-103(11) defines a permissible distributee as a beneficiary currently eligible to receive income or principal, whether the distribution is mandatory or discretionary. Remote contingent beneficiaries fall outside the definition. MCA 72-38-110(1) adds anyone who has sent you a written request for notice, and 72-38-110(4) gives the Montana attorney general rights in a charitable trust administered here.

Accepting the Job, or Looking Without Committing

MCA 72-38-701(1) says you accept by following, in substance, a method of acceptance the trust sets out. Where the trust sets none, or its method is not exclusive, you accept by taking delivery of trust property, exercising a trustee's powers, performing a trustee's duties, or otherwise showing acceptance.

Silence counts as a no. Under 72-38-701(2), a named trustee who does not accept within a reasonable time after learning of the designation is treated as having rejected it. Section 72-38-701(3) lets you act first without committing: you can preserve trust property if you send a rejection within a reasonable time afterward, and you can inspect property to check for environmental or other liability.

If you decline, MCA 72-38-704(3) fills a vacancy in this order: the successor the trust names, then a person appointed by unanimous agreement of the qualified beneficiaries, then a person the court appoints. A vacancy need not be filled while a cotrustee remains in office, under 72-38-704(2).

Your Notice Clock, Step by Step

Here is the order most successor trustees follow after a death. Each step cites the section that creates it.

  1. Take control of the property. MCA 72-38-809 requires reasonable steps to take control of and protect the trust property, and 72-38-812 requires reasonable steps to make a former trustee or anyone else deliver it.
  2. Notify within 60 days of accepting. Section 72-38-813(2)(b) requires notice to the qualified beneficiaries of your acceptance and of your name, address and telephone number.
  3. Notify within 60 days of learning the trust became irrevocable. Section 72-38-813(2)(c) requires notice of the trust's existence, the identity of each settlor, the right to request a copy of the parts of the trust instrument that describe or affect the beneficiary's interest, and the right to a trustee's report. For a successor trustee both clocks usually start within days of each other, so one letter can carry both notices.
  4. Answer requests promptly. Section 72-38-813(2)(a) requires you, on request of any beneficiary, to send promptly a copy of the portions of the instrument that describe or affect that beneficiary's interest. Section 72-38-813(1) requires a prompt response to a qualified beneficiary's request for information reasonably necessary to enforce their rights.
  5. Warn before changing your pay. Section 72-38-813(2)(d) requires advance notice to the qualified beneficiaries of any change in the method or rate of your compensation.
  6. Report at least once a year. Section 72-38-813(3) is covered in the next section.

How to send them: MCA 72-38-109(1)(b) permits first-class mail, personal delivery, delivery to the last-known home or business, or a properly directed electronic message. Section 72-38-109(2) excuses notice to someone whose identity or location you cannot reasonably find, and 72-38-109(3) lets a person waive it. Keep copies and dates. The notices are what start other clocks later.

The Annual Report Montana Requires

Section 72-38-813(3) says a trustee shall send a report, at least annually and at the termination of the trust, to the distributees or permissible distributees of trust income or principal, and to any other qualified beneficiary who requests it. Current beneficiaries get one whether or not they ask. The year can run on a calendar or fiscal basis consistent with tax reporting.

The report covers:

  • trust property, liabilities, receipts and disbursements
  • the source and amount of your compensation
  • a list of the trust assets and, where feasible, their market values as of the last business day of the period, for cash, stocks, bonds, mutual funds and other securities whose value is readily ascertainable or publicly traded

Two practical details come from the same subsection. You do not need an appraisal of real estate, a closely held business or other property without a readily ascertainable value. And a qualified beneficiary can ask for copies of the income, estate or transfer tax returns relevant to the trust.

A qualified beneficiary may waive the report under 72-38-813(4) and may withdraw that waiver for future reports. When a trusteeship falls vacant and no cotrustee remains, the former trustee sends a report to the qualified beneficiaries, and a personal representative, conservator or guardian may send it for a trustee who died or lost capacity.

If you ignore a request, the beneficiary has a court route. MCA 72-38-213(2)(g) lets a qualified beneficiary petition to compel information or a report once the trustee has failed to respond within 60 days after a written request and, for a report, none has been made in the 6 months before the request.

A Contest Window You Can Shorten

A trust that was revocable at death can still be attacked. MCA 72-38-604(1) gives a person the earlier of:

  • 3 years after the settlor's death, or
  • 120 days after you sent that person a copy of the trust instrument and a notice of the trust's existence, your name and address, and the time allowed to start a proceeding

So sending the instrument and that notice cuts a 3-year exposure to 120 days for each person who receives it. Section 72-38-604(2) lets you distribute under the trust terms after the death without liability unless you know of a pending contest, or a potential contestant told you of one and filed within 60 days after sending that notification. Under 72-38-604(3), a beneficiary of a trust later held invalid must return what they received.

Montana also shifts fees. MCA 72-38-605 says that if a revocable trust is found valid, the person who contested it pays the attorney fees and costs of defending it. If the trust is found invalid, costs (but not the objector's attorney fees) come from whoever defended it or from trust property, as the court directs.

Creditors, Allowances and Medicaid Recovery

A living trust avoids probate. It does not avoid the settlor's debts. MCA 72-38-505(1)(c) says that after the settlor dies, the property of a trust that was revocable at death is subject to the settlor's creditors, the costs of administering the estate, funeral and disposition expenses, and statutory allowances to a surviving spouse and children, to the extent the probate estate cannot cover them. A spendthrift clause does not change that.

The procedure runs through MCA 72-6-112, which is the route for creditors of the deceased settlor:

  • A creditor, or a spouse or child whose allowances are affected, sends the personal representative a written demand (72-6-112(7)).
  • Liability falls first on a transferee the will or other instrument names, then on the trustee of the trust at the center of the estate plan, then on other transferees in proportion to what they received (72-6-112(3)).
  • The proceeding must start within 1 year after the death, or within 60 days after final allowance for a creditor whose claim was allowed only after a fight over disallowance (72-6-112(8)).
  • Unless the personal representative has sent you written notice that the probate estate is missing or insufficient, you are released from this liability for assets you have already distributed, and each beneficiary becomes liable for the share they received (72-6-112(9)(b)).

That last rule rewards talking to the personal representative before you distribute. Where the settlor left debts and a thin probate estate, a quick written check with the executor protects you. The Montana executor duties guide covers that side.

Medicaid is its own claim. MCA 53-6-167(5)(a) counts property passing through a living trust as property received "by distribution or survival," which the Department of Public Health and Human Services can reach under 53-6-167(2) up to the lesser of the assistance paid or the value received. Section 53-6-167(9)(b) bars recovery while a surviving spouse, or a child under 21, blind or permanently and totally disabled, is alive. An action under 53-6-167(2) must start within 3 years of the later of the death or the closing of the estate, under 53-6-167(4)(b).

How the Duties Work Day to Day

Montana's part 8 reads like a job description. MCA 72-38-801 requires you to administer the trust expeditiously and in good faith, in accordance with its terms and purposes and the interests of the beneficiaries. The rest spells out what that means:

  • Loyalty. MCA 72-38-802(1) requires you to act solely in the beneficiaries' interests. A deal with your spouse, descendants, siblings, parents, their spouses, or your own agent or attorney is presumed conflicted under 72-38-802(3), and a beneficiary can void a conflicted transaction under 72-38-802(2) unless one of its exceptions applies.
  • Impartiality. Section 72-38-803 requires you to treat two or more beneficiaries impartially, with due regard to their respective interests.
  • Prudence and cost. Section 72-38-804 sets the prudent person standard, and 72-38-805 limits you to costs reasonable in relation to the property, the purposes and your skills.
  • Records and separation. MCA 72-38-810 requires adequate records, trust property kept separate from your own, and titles that show the trust's interest where feasible. An account titled in your personal name, with no trust designation, does not meet it.
  • Delegation. Section 72-38-807 lets you hire agents such as an investment adviser or accountant, if you use reasonable care in choosing them, setting the terms and reviewing their work. A trustee who does so is not liable for the agent's actions.

Section 72-38-816 lists 26 specific powers, from selling and leasing property to settling claims, paying taxes and making in-kind distributions. You rarely need a court order to use them.

A trustee's access to online accounts

Digital property follows its own act. MCA 72-31-410 requires a custodian to disclose to a trustee who is the original user of an account any digital asset of the account held in trust, unless a court order or the trust provides otherwise. The rules for a trustee who is not the original user sit in the neighboring sections, covered in a trustee's access to digital assets.

Investing: Montana's Farm and Ranch Exception

A trustee who holds more than cash is an investor. MCA 72-38-902 requires you to invest and manage trust assets as a prudent investor would, judging each decision in the context of the whole portfolio. Under MCA 72-38-904, you review the assets within a reasonable time after accepting and bring the portfolio into line with the trust's purposes and terms.

Diversification is the default. MCA 72-38-903(1) imposes a duty to diversify unless it is not prudent to do so. Then comes a Montana exception. Section 72-38-903(2) says that if trust assets include farm or ranch property, a closely held family business, timber interests, or interests in oil, gas or minerals, you may elect to retain them, and keeping them is not a breach of the duty to diversify. A family ranch held in trust does not have to be sold to spread the risk.

The settlor can change the rule. Section 72-38-901(2) lets the trust expand or restrict the prudent investor rule by express provisions, and a trustee who relies on those provisions in good faith is not liable to a beneficiary.

Principal and income

When one beneficiary receives income for life and another takes what remains, every receipt has to be sorted. The Montana Uniform Principal and Income Act, Title 72, Chapter 34, Part 4, sets the default rules. MCA 72-34-423(1) puts the trust's own allocation terms first, then the act, and sends anything neither covers to principal. MCA 72-34-424 lets a trustee who invests under the prudent investor rule adjust between principal and income when a trust describes distributions by reference to income, with listed exceptions, and says a trustee is not liable for choosing not to adjust.

Getting Beneficiary Sign-Off Before You Act

Montana gives trustees a notice of proposed action. Under MCA 72-38-130 through 72-38-134, a trustee may send each qualified beneficiary a notice describing a discretionary step, such as selling the house or holding a stock, before taking it.

Section 72-38-132 sets the contents: your name and mailing address, a contact name and telephone number, a description of the action with the facts and reasons behind it, a statement that failing to object bars a later claim, and an objection period of at least 30 days. Under MCA 72-38-133(2), if no qualified beneficiary objects in writing within that period, you are not liable to them for the action. An objection sends the question to the court, where you carry the burden of proof.

The tool has limits. Section 72-38-131(2) forbids it for your own compensation, your attorney's compensation, settling accounts or reports, preliminary and final distributions and discharge, and any sale, exchange, option, loan change or claim involving you or your attorney. Section 72-38-134 makes the procedure optional.

What You Get Paid, and What You Can Be Charged

MCA 72-38-708(1) says that where the trust does not set your compensation, you are entitled to compensation that is reasonable under the circumstances. Section 72-38-708 sets no percentage schedule. Where the trust does set a figure, 72-38-708(2) lets the court allow more or less if your duties turned out far different from what the settlor expected, or if the figure is unreasonably low or high.

MCA 72-38-709 reimburses expenses properly incurred, with interest as appropriate, and gives you a lien on trust property for money you advance to protect the trust.

A bond is the exception. MCA 72-38-702(1) requires one only if the court finds it is needed to protect the beneficiaries, or the trust requires it and the court has not dispensed with it. A regulated bank or trust company qualified to do trust business in Montana never needs one, under 72-38-702(3).

If something goes wrong, MCA 72-38-1001(2) gives the court a menu of remedies, from compelling performance and ordering an accounting to suspending or removing the trustee and cutting compensation. MCA 72-38-1002(1) makes a trustee liable for the greater of the loss with interest, the trustee's profit with interest, or the profit the trust would have earned. A clause excusing the trustee does not cover bad faith or reckless indifference under 72-38-1008(1).

Leaving the Job

MCA 72-38-705(1) lets you resign on at least 30 days' notice to the qualified beneficiaries, the settlor if living, and all cotrustees, or with court approval. Resigning does not end liability for what you already did, under 72-38-705(3).

Under MCA 72-38-707(2), a resigned or removed trustee must deliver the trust property expeditiously to the successor. One who fails is personally liable for the actual damages, and the court may order them to pay the attorney fees spent enforcing delivery.

MCA 72-38-706(2) lets the court remove a trustee for a serious breach of trust, a lack of cooperation among cotrustees, unfitness, unwillingness or persistent failure to administer effectively, or a major change in circumstances or a request by all qualified beneficiaries where removal best serves them all and a suitable successor is available.

Proving Your Authority to Banks and Title Companies

Banks will ask for the trust. MCA 72-38-1013 lets you give an outsider a certification of trust instead. It states that the trust exists and when it was signed, the settlor, your name and address as acting trustee, your relevant powers, whether the trust is revocable and who can revoke it, how cotrustees sign, and the governing state if not Montana. It must say the trust has not been changed in a way that makes those statements wrong, and it need not include who gets what.

The recipient can ask for the excerpts that name you and grant the power at issue, under 72-38-1013(5). A person who relies on the certification without knowing it is wrong is protected under 72-38-1013(6), and one who demands the whole instrument in bad faith is liable for damages under 72-38-1013(8). Under 72-38-1013(2), you must acknowledge the certification on request so it can be recorded, which matters for Montana real estate.

Taxes on the Trust

After the settlor's death, the trustee handles the trust's income tax filings. The IRS says the fiduciary of a domestic trust files Form 1041 to report its income, deductions, gains and losses, and any income tax it owes, and it lists administering certain trusts among the reasons to need an Employer Identification Number.

Montana has its own return. The Department of Revenue says that beginning with tax year 2024, resident estates and trusts must file Form FID-3 if they have a federal filing requirement or positive Montana taxable income after Montana additions, and a nonresident trust files if it has Montana-source income or Montana resident beneficiaries. The fiduciary files the return and gives each beneficiary a Montana Schedule K-1. A calendar-year return is due April 15.

There is no Montana death tax to add. The Department of Revenue says Montana does not have an estate tax for deaths after 2004, and the inheritance tax does not apply to any death after January 1, 2001.

Changing the Trust Without a Court

Most families finish a trust without seeing a judge. When they need to change something, Montana gives them three tools.

Nonjudicial settlement agreements. MCA 72-38-111 lets the interested persons sign a binding agreement on any matter involving the trust, including how to read its terms, approval of a trustee's report or accounting, a resignation or appointment and the trustee's compensation, moving the place of administration, and trustee liability. Under 72-38-111(3), it is valid only if it does not violate a material purpose of the trust and contains terms a court could properly approve.

Decanting. The Uniform Trust Decanting Act, Title 72, Chapter 39, lets an authorized fiduciary move property into a second trust with different terms. MCA 72-39-203(2) allows it without consent or court approval, but 72-39-203(3) requires written notice at least 60 days in advance to each living settlor, each qualified beneficiary, holders of certain powers and the other fiduciaries, and 72-39-203(5) requires copies of both trust instruments. Under 72-39-203(6), the 60 days can be waived only if everyone entitled to notice signs.

Directed trusts. Some documents name a trust director, such as an investment adviser or a family member, who can tell the trustee what to do. Under the Uniform Directed Trust Act, Title 72, Chapter 40, MCA 72-40-113(1) says a directed trustee takes reasonable action to comply and is not liable for it, except that 72-40-113(2) bars compliance that would be willful misconduct. MCA 72-40-115 says that unless the trust provides otherwise, the trustee has no duty to monitor the director.

Wrapping Up and Distributing

MCA 72-38-817(2) says that when the trust ends, you proceed expeditiously to distribute the property to the people entitled to it, and you may keep a reasonable reserve for debts, expenses and taxes. Size that reserve with the 72-6-112 creditor window and the tax returns in mind.

Montana gives you a way to close with finality. Under 72-38-817(1), you may send the beneficiaries a proposal for distribution. A beneficiary who does not object within 30 days after it was sent loses the right to object, but only if the proposal told them of that right and the time allowed.

Many trustees also ask for a release. Section 72-38-817(3) makes a release invalid to the extent it was induced by your improper conduct, or the beneficiary did not know their rights or the material facts about the breach. MCA 72-38-1009 applies the same test to consent and ratification. Full disclosure is what makes a signature hold.

The final report matters for a different reason. MCA 72-38-1005(1) bars a beneficiary's breach-of-trust suit more than 3 years after they were sent a report that adequately disclosed the potential claim and told them the time allowed to sue. Without such a report, 72-38-1005(3) leaves the door open for 5 years after the first of your removal, resignation or death, the end of the beneficiary's interest, or the end of the trust. A clear final report that states the 3-year period is the step that shortens your exposure.

When a Montana Court Gets Involved

MCA 72-38-201(1) gives the district court exclusive jurisdiction over proceedings about the internal affairs of trusts. MCA 72-38-220 says the administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to that jurisdiction. So there is no registration and no routine filing.

A trustee or beneficiary starts a case by petition. Section 72-38-213(2) lists the purposes, among them construing the document, settling accounts and passing on the trustee's acts, instructing the trustee, fixing compensation, appointing or removing a trustee, and approving a modification or termination. Under MCA 72-38-205(1), venue lies in the county where the trust's principal place of administration is, or, for a trust created by will whose estate is still open, the county administering the estate. The clerk of district court for your county takes the filing. In any such case, MCA 72-38-1004 lets the court award costs and reasonable attorney fees to any party, paid by another party or from the trust.

Assets the Trust Never Got

A trust controls only what was titled to it. An account or a vehicle still in the settlor's own name at death, with no beneficiary designation, belongs to the probate estate, even when a pour-over will leaves everything to the trust. The personal representative has to collect it first, sometimes through the Montana small estate affidavit and sometimes through a full probate. The Montana probate guide explains both routes.

When to Call a Montana Attorney

Some administrations need a lawyer. Talk to a licensed Montana attorney when a beneficiary threatens a contest within the 72-38-604 window, when someone objects to a notice of proposed action, when a creditor or the state Medicaid program makes a 72-6-112 or 53-6-167 demand, when the trust holds a ranch, a business or mineral interests that need valuing or dividing, or when the document says something you cannot square with what the family expects.

Frequently Asked Questions

Where is the Montana Uniform Trust Code?

Title 72, Chapter 38 of the Montana Code Annotated, which the code itself captions the Montana Uniform Trust Code. The Legislature enacted it as Chapter 264, Laws of 2013. Three neighboring chapters travel with it: the Montana Uniform Principal and Income Act in Title 72, Chapter 34, Part 4, the Uniform Trust Decanting Act in Chapter 39, and the Uniform Directed Trust Act in Chapter 40. The Montana Legislature meets in odd years, so the 2025 edition of the code is the text in force.

What are the deadlines for a Montana successor trustee?

Two 60-day notices come first. MCA 72-38-813(2)(b) gives you 60 days after accepting the trusteeship to tell the qualified beneficiaries you accepted and to give your name, address and telephone number. MCA 72-38-813(2)(c) gives you 60 days after you learn that a revocable trust became irrevocable, whether by the settlor's death or otherwise, to tell them the trust exists, who the settlor was, that they can ask for a copy of the parts of the trust instrument that affect them, and that they have a right to a trustee's report.

Does a Montana trustee have to send an annual report?

Yes, to the current beneficiaries, without being asked. MCA 72-38-813(3) says the trustee shall send a report at least annually and at termination to the distributees and permissible distributees of trust income or principal, and to any other qualified beneficiary who requests it. The report covers trust property, liabilities, receipts and disbursements, the source and amount of your compensation, and a list of assets with market values where readily ascertainable. A qualified beneficiary can waive the report under 72-38-813(4).

Can the trust document waive these Montana notice duties?

Yes, if it says so in terms. MCA 72-38-813 opens by making every one of its requirements apply unless the trust instrument limits or waives it expressly, and the list of rules a trust cannot override in 72-38-105(2) does not include the duty to inform and report. That list does include the duty to act in good faith, the court's control over a bond and over unreasonable compensation, the limits on exculpatory terms and the periods of limitation for suing. Read the document before you build a notice schedule.

How long does a Montana beneficiary have to sue a trustee?

Three years from a report that discloses the problem, or five years otherwise. MCA 72-38-1005(1) bars a proceeding for breach of trust more than 3 years after the beneficiary was sent a report that adequately disclosed a potential claim and told the beneficiary the time allowed to sue. Where no such report went out, 72-38-1005(3) allows 5 years from the first of the trustee's removal, resignation or death, the end of the beneficiary's interest, or the end of the trust.

How long does someone have to contest a Montana living trust?

The earlier of 3 years after the settlor's death or 120 days after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed to sue, under MCA 72-38-604(1). Montana adds a fee rule in 72-38-605: if the trust is upheld, the person who contested it pays the attorney fees and costs of defending it.

Can creditors of the settlor reach a Montana trust after death?

Yes, once the probate estate runs short. MCA 72-38-505(1)(c) makes the property of a trust that was revocable at death answerable for the settlor's creditors, estate administration costs, funeral expenses and statutory allowances to the extent the probate estate cannot cover them. The procedure runs through MCA 72-6-112: a creditor sends a written demand to the personal representative, and the proceeding must start within 1 year after the death. Medicaid estate recovery under 53-6-167(5)(a) also reaches property passing through a living trust.

Does a Montana trust have to be filed with a court?

No. MCA 72-38-220 says the administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the court's jurisdiction. The district court steps in only when someone petitions. Under 72-38-213 a trustee or beneficiary can ask it to construe the document, settle accounts, instruct the trustee, set compensation, appoint or remove a trustee, or compel a report the trustee has ignored for 60 days after a written request.

Sources:

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Settled Estate is not a law firm and does not give legal advice.

Information current as of September 27, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Montana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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