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.
What to Do When Someone Dies in Lake County, Montana
How probate works in Lake County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Lake County District Court
Lake County · 20th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
106 4th Avenue East, Room 301, Polson, MT 59860
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalAttorneys can e-file probate cases in this court through the Montana Courts e-filing system, and no local order makes it mandatory for estates. The system is not open to self-represented filers, who file with the Clerk of District Court on paper. On paper: Self-represented filers cannot e-file at any Montana court; An original paper will is filed with the clerk within 10 calendar days of e-filing a copy.
Self-represented filing
AllowedA person without a lawyer may file a probate case in Montana, on paper with the Clerk of District Court, since e-filing is open only to attorneys. The State Law Library publishes the probate forms, including the affidavit for collecting a small estate's personal property and a small-estate packet. Clerks cannot give legal advice.
Hearing schedule
- Law and motion in Lake County is held Wednesdays in Department 1 and Thursdays in Department 2, with criminal matters at 9:00 a.m. and civil matters at 10:00 a.m.
Self-help center
- Flathead County Self-Help Law Center, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 599011-406-758-3397 · flatheadcountyselfhelp@mt.gov · Monday-Thursday 8:00 AM-4:00 PMThe Montana courts' Self-Help Law Program serves this county from its Kalispell center in the Flathead County Justice Center. It gives people without a lawyer legal information and court forms free of charge, not legal advice, and staff do not file papers for anyone. Video appointments are booked through the Helena center at (406) 444-9300.
About the court
- Part of the 20th Judicial District, which also serves Sanders County. The clerk's office is in Room 301 on the third floor of the courthouse; it does not provide legal forms or notary service.
Verified October 16, 2026 · Source
How Probate Works in Lake County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Lake County, probate runs through the District Court at 106 4th Avenue East, Room 301, Polson. The court sits in the 20th Judicial District. Lake County shares the 20th Judicial District with Sanders.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Montana intestacy law when there is no will.
Most Montana estates take 6 months to 12 months to move through this process. Creditors have 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Lake County
What probate costs in Lake County, Montana comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 106 4th Avenue East, Room 301, Polson. The court is part of the 20th Judicial District.
Montana charges $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Montana are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
Montana allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payMCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Montana requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Montana typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the District Court
Probate documents in Lake County can be filed in person at the District Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 20th Judicial District.
The Montana courts' Self-Help Law Program serves this county from its Kalispell center in the Flathead County Justice Center. It gives people without a lawyer legal information and court forms free of charge, not legal advice, and staff do not file papers for anyone. Video appointments are booked through the Helena center at (406) 444-9300.
Can You File Without an Attorney?
In Montana, informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
For a full cost comparison and filing checklist, see the Lake County Self-Filing Assessment.
Lake County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
An unopposed motion to continue or vacate a law and motion hearing is filed with the clerk by noon the day before, or the parties must appear.
SourceService Requirements
A person without a lawyer shows proof of service on the other parties with every filing, or the clerk rejects it.
A motion by a person without a lawyer comes with a proposed order listing everyone to be served at the bottom, copies of the order and stamped, self-addressed envelopes for each party, unless other arrangements are made with the clerk.
SourceOther Requirements
Two years after an estate is filed without closing, the court notifies the attorney and personal representative, and it may then dismiss the probate without prejudice unless good cause is shown.
SourceWhat to Bring
Filed with the opening petition at the District Court: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203)Mont. Code Ann. §§ 72-3-201 to 72-3-225 (informal probate & appointment); §§ 72-3-301 to 72-3-321 (formal testacy & appointment); §§ 72-3-501 to 72-3-518 (PR appointment, qualification, bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Lake County
In Montana a death is registered locally, and in Lake County certified copies of the death certificate are issued by Lake County Clerk and Recorder as well as by Montana Department of Public Health and Human Services - Office of Vital Records.
Vital Records Office Record
County Clerk and Recorder
Lake County · Lake County Clerk and Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except legal holidays)
Office
106 4th Avenue East, Room 214, Polson, MT 59860
Website
Certified copies
At the counter, issued while you wait
Fax
1-406-883-7283
Local rule
- The office issues copies of deaths anywhere in Montana from 2003 on and of Lake County deaths back to 1923. An emailed, faxed or mailed order goes out the next working day.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Lake County · Lake County Sheriff's Office
Verified November 2, 2026 · Source
Transferring Property in Lake County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk and Recorder.
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.
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
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Lake County
Montana allows informal probate, so many families settle straightforward estates in Lake County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Montana are based on reasonable compensation, billed hourly or as a flat fee. Ask a Lake County firm to quote a structure up front.
A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
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
(9)·
- MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317
- MCA § 72-3-201
- MCA § 72-3-631 (reasonable compensation; no statutory percentage)
- MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807
- Mont. Code Ann. §§ 72-3-201 to 72-3-225 (informal probate & appointment); §§ 72-3-301 to 72-3-321 (formal testacy & appointment); §§ 72-3-501 to 72-3-518 (PR appointment, qualification, bond)
- 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
- Lake County District Court, official page
- Lake County Clerk and Recorder, official page
- Lake County vital records and death investigation offices, official page
Data sourced from Montana statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Montana
Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Montana.
How Do I Settle an Estate?
Settling an estate in Montana: the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Montana happens outside court: the trustee acts under the state's Uniform Trust CodeMCA 72-38-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysMCA §§ 72-38-813, 72-38-109, 72-38-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Montana, informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
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