For most Lake County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Lake County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Lake County home out of probate are a transfer-on-death deed recorded with the County Clerk and Recorder, and a revocable living trust that holds title to the property.
Skipping this planning step means the District Court decides who receives the property: a simple Montana probate takes 4+ months and opens with $100 in court filing fees. Montana also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Lake County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder during the owner's lifetime and can be revoked at any time.
Before recording, a Montana transfer on death deed is signed with notary acknowledgmentMCA 72-6-401 to 72-6-418Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathMCA 72-6-401 to 72-6-418Verified Aug 24, 2026View source.
Deeds and other real property documents for Lake County are recorded with the County Clerk and Recorder, led by Clerk and Recorder / Auditor / Surveyor / Public Administrator Kendra Steele, at 106 4th Ave E, Rm 214, Polson, MT 59860. Phone: 406-883-7208. Hours: Monday through Friday 8 am to 5 pm; closed on legal holidays.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page. A 2-page transfer on death deed costs $30 to record in Lake County. A transfer on death deed is exempt from transfer tax.
Lake County accepts electronic recording through CSC / Simplifile.
Recording Office Record
Lake County · Clerk and Recorder / Auditor / Surveyor / Public Administrator · Kendra Steele
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first page) | $20 |
| Each additional page | $10 |
| Transfer tax on a TOD deed | Exempt |
MCA 7-4-2637 (fees for recording documents); MCA 7-4-2636 (standards for recorded documents); House Bill 192, 69th Legislature (2025) — Ch. 480, L. 2025 — fee increase effective October 1, 2025
Verified September 7, 2026 · Source
FirmPolson, MT
Polson law firm providing estate planning, wills, trusts, probate administration, durable powers of attorney, health care power of attorney, guardianship, and conservatorship services. Attorney Justin Kalmbach has been practicing since 2008, licensed in Alaska and Montana.
PracticesEstate PlanningGuardianshipProbate AdministrationWills Trusts
FirmPolson, MT
Polson practice serving Lake County and the Mission Valley, led by Matthew H. O'Neill, admitted in Montana in 1982. Handles real estate transactions, estate planning, and probate. The firm publishes no website; reach it by phone or mail.
PracticesEstate PlanningProbate AdministrationReal Estate
FirmPolson, MT
Polson law firm located across the street from the Lake County Courthouse. Provides estate planning, probate, real estate law, civil litigation, and personal injury services. Licensed in Montana and South Carolina.
PracticesEstate PlanningProbate AdministrationReal Estate
FirmMissoula, MT
Missoula firm handling estate planning and probate across western Montana, from wills, trusts, and succession planning to estate administration for personal representatives and beneficiaries. Several attorneys handle estate matters, with a dedicated estate-tax practice for estates carrying gift, generation-skipping, or business-succession complexity.
PracticesEstate PlanningTax PlanningBusiness LawProbate Administrationand 2 more
FirmMissoula, MT
Established in 1974, this Missoula law firm has 12 lawyers practicing general trial practice, banking law, and estate planning. Experienced in representing clients in the preparation of wills, trusts, and durable powers of attorney, as well as representation of trustees, personal representatives, and beneficiaries in trust and probate proceedings.
PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts
FirmMissoula, MT
Missoula firm founded in 1870, serving western Montana from the Fourth Judicial District. Handles probate administration, from asset inventory and creditor notice to debt settlement and distribution, plus estate and trust disputes including will contests and breach-of-fiduciary-duty claims. Drafts wills, revocable and irrevocable trusts, powers of attorney, and business-succession plans.
PracticesEstate PlanningTrust AdministrationTax PlanningBusiness SuccessionProbate Administration
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Montana statutes and official state code. How we research.
Estate planning articles for Montana.
Forms and tools for property owners in Lake County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Montana.
