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.
Estate Planning for Lake County, Montana Property Owners
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.
Record a Transfer-on-Death Deed in Lake County
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 Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Lake County are recorded with the County Clerk and Recorder at 106 4th Avenue East, Room 214, Polson, MT 59860. Phone: 1-406-883-7208. Hours: Monday-Friday 8:00 AM-5:00 PM (except 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. No transfer tax applies to a transfer on death deed.
Lake County accepts electronic recording through CSC and Simplifile.
Recording Office Record
County Clerk and Recorder
Lake County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except legal holidays)
Office
106 4th Avenue East, Room 214, Polson, MT 59860
Website
E-recording
Fax
1-406-883-7283
Recording fees
| Base fee (first page) | $20 |
| Each additional page | $10 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
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 October 16, 2026 · Source
Estate Planning Attorneys Serving Lake County
O'Neill Law Office, PLLC
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.
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.
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.
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.
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.
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.
Legal Sources
(2)·
- MCA 72-6-401 to 72-6-418
- 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
Data sourced from Montana statutes and official state code. How we research.
Forms for Planning Your Estate in Montana
Free forms for planning your estate in Montana: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Montana.
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Last Will and Testament
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-522Verified Oct 18, 2026View source.
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Codicil to a Will
In Montana, a codicil is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-524Verified Oct 25, 2026View source.
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Free
Healthcare Power of Attorney
Montana requires 2Mont. Code Ann. § 50-9-103Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMont. Code Ann. § 50-9-103Verified Oct 15, 2026View source.
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Free
HIPAA Release
In Montana, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
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Financial Power of Attorney
Montana treats a power of attorney as durable by defaultMCA § 72-31-305Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementMCA § 72-31-305Verified Oct 21, 2026View source.
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Transfer on Death Deed
In Montana, a transfer on death deed is signed before a notaryMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source. Montana does not recognize a Lady Bird deed.
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Vehicle Transfer on Death
Montana allows a transfer-on-death beneficiary designation on a vehicle titleMont. Code Ann. 61-3-226Verified Oct 21, 2026View source, filed through the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent using Form MV13.
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Free
Living Will
In Montana, the living will is the DeclarationMont. Code Ann. §§ 50-9-101 to 50-9-505 (Montana Rights of the Terminally Ill Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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Tools for Planning Your Estate in Montana
Free tools for planning your estate in Montana: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Montana and read its answer.
How Do I Sign Estate Documents?
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and notarization is not requiredMCA § 72-2-522Verified Oct 18, 2026View source.
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Will My Estate Documents Transfer?
Montana recognizes a will signed under the law of the place where it was signedMCA § 72-2-526Verified Oct 18, 2026View source; a will signed in Montana itself needs 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and notarization is not requiredMCA § 72-2-522Verified Oct 18, 2026View source.
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Trust or Will: Which Costs Less?
In Montana, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Montana runs $3,620Estimate: 10 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,430Estimate: 15 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in Montana runs $957Estimate: 3 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,934MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In Montana, a parent names a guardian for a minor child in a willMont. Code Ann. §§ 72-5-211, 72-5-212, 72-5-213, 72-5-222, 72-5-223Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mont. Code Ann. § 41-1-101Verified Sep 15, 2026View source.
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Do I Need a Revocable Trust?
Probate in Montana takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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Montana Estate Planning Articles
Estate planning articles for Montana.
