Estate Planning Costs
Estate Planning Costs — What to Expect in Montana
If you’ve been putting off estate planning because you’re unsure about the cost, you’re not alone. One of the most common questions we hear is, “how much does estate planning cost?” The honest answer is that “it depends,” but it’s more affordable than you think, and almost certainly less costly than not having a plan.
This guide breaks down typical estate planning costs so you can budget with confidence. We’ll cover everything from basic wills to comprehensive trust-based plans, and help you understand what influences estate planning attorney fees and costs in Montana.
What Affects the Cost of Estate Planning?
Before we get into specific numbers, it helps to understand what drives estate planning costs. No two families have the same estate planning goals, asset make up, or family needs, so pricing varies on several factors:
A single person with modest assets needs a different plan than a blended family with real property, business interests, and investment accounts. Generally, the more complex your assets and investment portfolio, the more detailed your estate planning may become simply because of the manner in which those assets may have to be administered in the event of your death or incapacity.
A basic will (which we call a “Simple Will”) costs less than a estate planning package that includes a powers of attorney, healthcare documents or a revocable trust. At Tanko Law Office, we have a variety of fee structures to meet your needs and customize the right estate plan for you. Heck, if you don’t need it, why pay for it?! Let’s make a plan to achieve your goals and then examine how best to implement them and meet your budget.
Attorney experience and location
Estate planning attorney fees vary across Montana, with attorneys in larger cities sometimes charging more than those in smaller communities. We like to think of ourselves as “big on experience” and “small town in practice.” With three full-time attorneys on staff with a combined 80 years of experience in the practice of law, we’re confident we can help you with your estate planning needs. We use our legal prowess and real life experiences to create a practical, well-rounded plan for you.
Fee structure
Some attorneys charge flat fees for estate planning packages, while others bill hourly. Flat-fee arrangements are generally preferred because they give you cost certainty upfront. Most estate planning projects are billed at flat fee rates. However, there are times when a client’s particular needs may best be suited for an hourly arrangement. What’s important to note here, is that clarity in the scope of the engagement and cost is known upfront. We’re like you…we don’t like surprises in the work we do for you.
Typical Estate Planning Cost Ranges
While every situation is unique, here are the general ranges you can expect when budgeting for estate planning in Montana.
Basic Will: $300–$1,000
A basic will is the foundation of any estate plan. At this price point, you’re typically getting a document that names beneficiaries, designates guardians for minor children, and appoints a personal representative to handle your estate. If you’re wondering how much a will costs, this range covers most simple situations for individuals or couples. At Tanko Law Office, we’ve been offering Simple Wills that start at $99.00 for nearly 30 years! That’s right, no inflation here. Just honest, straight-forward planning.
Powers of Attorney and Healthcare Directives: $200–$600
A power of attorney allows you to designate someone to make financial or healthcare decisions on your behalf if you become incapacitated. These documents are often bundled with a will for a discounted package rate. Without them, your family may need to pursue a costly guardianship or conservatorship through the courts.
Revocable Living Trust Estate Plans: $1,500–$5,000+
For families with more complex needs, a trust can provide significant benefits, including avoiding probate, maintaining privacy, and providing structured distributions for beneficiaries. Trust costs in Montana vary depending on the type of trust, purpose and diversity of assets to be administered under the trust. A revocable living trust package typically includes at a minimum the trust agreement, trust certificate, pour-over wills, powers of attorney, and healthcare directives. Our trust estate plans at Tanko Law Office are much more comprehensive without the added cost.
Tax Planning and Business Planning: $2,500–$7,000+
Estate plans involving tax planning, business planning and other more complex issues will include wills, trusts, powers of attorney, healthcare directives, beneficiary designations, and sometimes business succession planning or tax strategies. This level of planning is common for families with larger estates, business owners, or those with blended families. Our office is well-experienced in such matters and recognize that every client has unique concerns at this level of planning, so one approach does not fit all under these circumstances.
Remote-First for Rural Clients
Phone and video consultations mean Pablo clients receive the same level of service as those walking into our Kalispell or Columbia Falls offices.
Statewide Reach
Tanko Law serves all 56 Montana counties, with deep experience in western Montana real estate, agricultural estates, and rural family planning matters.
Plain-Language Approach
We explain every document in plain English so you fully understand what you are signing and why it matters for your family.
DIY Estate Planning vs. Hiring an Attorney
Online estate planning tools have made it possible to create basic documents for as little as $50–$200. While these services can seem like a bargain, they come with real risks:
One-size-fits-all templates may not comply with Montana-specific requirements for witness signatures, notarization, or self-proving affidavits.
No personalized advice means you might miss critical provisions, like planning for a special-needs child or protecting assets from creditors.
Errors can be costly. A poorly drafted will or trust can lead to probate disputes, litigation, unintended disinheritance, or tax consequences that dwarf the original savings.
A DIY estate planning package may look attractive, but without a full investigation of your estate planning concerns, it may be a costly mistake. Working with an experienced Montana estate planning attorney provides peace of mind that your documents are legally sound and tailored to your family’s needs.
The Real Cost of Not Having an Estate Plan
Here’s what many people don’t consider: the cost of doing nothing is almost always higher than the cost of planning ahead.
can include court filing fees, personal representative fees, attorney fees, appraisal charges and costs of administration. For a $500,000 estate, probate expenses, creditor claims, and costs of administration can easily exceed $15,000–$20,000.
are far more common when there’s no clear plan. Contested estates can drag on through the courts for months or years, costing tens of thousands in legal fees and irrevocably damaging relationships.
Loss of control
means Montana’s intestacy laws will dictate the future of your estate if you do not create a will or trust. In other words, failing to plan, means letting the Montana legislature decide for you who inherits your assets and who will be in charge. These default statutes may not align with your wishes, especially in blended families or if you want to provide for specific individuals or charities.
Asset Protection Strategies for Clients
We make sure our clients are aware of their asset protection options before they make a decision about what they believe is right for them. Every client is different and one strategy does not fit all situations. Some of the different planning strategies we tell our clients about include the following:
These partnerships are formed by families to protect family assets and limit creditors of the partners from a sale of his or her interest. These types of partnerships can be excellent tools for long-term manage of family properties or businesses.
Not all Trusts are created equal. Irrevocable Trusts can offer more protection from creditors than revocable Trusts. However, if these are not properly set up, even an irrevocable Trust may not adequately preserve assets. Some types of Trusts can protect assets from creditors, Medicaid, estate taxes and litigation if properly drafted. For this reason, it is important to have experienced legal counsel assist you assist in the formation of Trusts.
Also called a “Spendthrift Trust,” these Trusts allow a person to benefit from the assets held in the Trust, but limit a creditor's ability to attach to the Trust assets. Montana does not have statutes that allow for the creation of this type of Trust. Only a few states allow for this type of Trust to be created. Nevada is one such state and at Tanko Law we have legal counsel licensed in Nevada and relationships to help you implement this kind of Trust.
LLCs are a popular tool in an estate planning attorney’s tool box. These types of entities offer limited liability, minimize taxation, streamline family and business operations, and protect assets from personal liability. Some may think just creating an LLC online is easy and it affords you all the protections you seek, but nothing could be further from the truth. In today’s complex world where entities are subject to multiple state and federal filings for reporting, the targets for unsuspecting litigation, it is crucial that you work with experienced attorneys when implementing LLCs.
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How to Budget for Estate Planning
If cost has been holding you back, here are a few practical tips for making estate planning fit your budget:
Start with the essentials. A will, power of attorney, and healthcare directive are the minimum every adult should have. You can add a trust or more complex strategies later as your estate grows.
Ask about flat-fee packages. Many Montana estate planning attorneys offer bundled pricing that covers all the core documents you need, which can be more affordable than paying for each document individually.
Schedule a consultation. A consultation lets you understand exactly what you need and what it will cost before committing. It’s the best way to get an accurate estimate tailored to your situation. At Tanko Law Office, we’re one of very few firms today who offer a free, complimentary half-hour estate planning consultation. Let’s see what’s right for you by scheduling your free consultation with one of our experienced attorneys.
Think long-term. Estate planning is an investment in your family’s future. The cost of a well-drafted plan is a fraction of what your family could spend navigating probate or resolving disputes without one.
How Can We Help You?
Frequently Asked Questions
How much does estate planning cost in Montana?
Estate planning costs in Montana vary depending on your needs. A basic will typically runs $300–$1,000, while a comprehensive plan that includes a trust, will, power of attorney, and healthcare directives can range from $2,500 to $7,000 or more. The best way to get an accurate estimate is to schedule a consultation with a Montana estate planning attorney who can assess your specific situation.
Is it cheaper to do estate planning myself?
Online DIY tools typically cost $50–$200, which is less upfront than hiring an attorney. However, mistakes in DIY documents can lead to probate complications, family disputes, litigation and other legal challenges that end up costing you and your family far more than professional estate planning would have. For most families, the added cost of working with an attorney provides significant long-term savings and peace of mind.
What happens if I die without an estate plan in Montana?
If you pass away without a will or trust in Montana, your estate may have to proceed probate under intestate succession, meaning state law in Montana will determine who is in charge of administering your estate and who will inherit your assets. This process requires probate, which can cost thousands of dollars in court and attorney fees, take months to resolve, and may distribute your assets in ways you never intended.
Do I need a trust, or is a will enough?
Probably the most common question we get asked by clients every day. It depends on your situation, goals, complexity and value of your estate. A will is sufficient for many people with straightforward estates and planning needs. However, a trust can help you avoid probate, maintain privacy, and provide more control over how and when your assets are distributed. An experienced estate planning attorney can help you determine which approach makes the most sense for your situation.
How often should I update my estate plan?
You should review your estate plan every three to five years or after any major life event, such as marriage, divorce, the birth of a child, a significant change in assets, or moving to a new state. Many attorneys offer plan reviews at a reduced cost, making ongoing maintenance more affordable rather than starting from scratch. We recommend clients review their estate plans annually, but at a minimum, every three to five years should suffice.
Take the Next Step for Your Family
Understanding how much estate planning costs is the first step. The next step is having a conversation about what your family actually needs. At Tanko Law, we make the process easy, transparent, and with no surprises. We actually speak to you in English, not “legalise attorney-speak.” We’re just like you. We like clear, understandable plans with the experience to back them up.
Schedule a consultation to discuss your estate planning needs. Whether you need a simple will or a comprehensive trust-based plan, we’ll help you understand your options and the associated costs.
Call Tanko Law at (406) 257-3711 or visit our Kalispell office to get started.
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Contact Tanko Law Office
Call Tanko Law today or use the online contact form to schedule a free initial estate planning consultation to find out how we can help you protect your most valuable assets and minimize your administration costs. Our experienced attorneys are standing by!
