Probate in Lake County runs through the District Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Lake County, settling their estate runs through the District Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Lake County · 20th Judicial District
Address
Phone
Hours
Part of the 20th Judicial District serving Lake and Sanders counties.
Verified July 5, 2026 · Source
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 East 4th Avenue, 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. The 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 East 4th Avenue, 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 Sep 8, 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%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Montana requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in Montana typically runs 6 months to 12 months, and costs accrue throughout that period.
Probate cases in Lake County are filed at the District Court. File in person during business hours or by mail. The court sits in the 20th Judicial District.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
For a full cost comparison and filing checklist, see the Lake County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Pro se parties must provide proof of service on all documents filed with Court.
Court may dismiss probate without prejudice two years after filing unless good cause is shown.
To file at the District Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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, 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.
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
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 — typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate's value, 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.
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.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Vehicles, jewelry, collectibles, etc.
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Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Lake County, Montana.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Montana attorneys handling probate matters.
