Estate Planning & Probate in Lewis and Clark County, Montana
There are two reasons people look up Lewis and Clark County probate: to keep a family out of it, or to get a loved one's estate through it. Start with your situation below; both paths use Lewis and Clark County's actual court and recording details.
Someone died — settling an estate
Filing probate at the District Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Lewis and Clark County →Planning ahead as a property owner
Keep a Lewis and Clark County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Lewis and Clark County →The Probate Process in Lewis and Clark 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 Lewis and Clark County, probate runs through the District Court at 228 Broadway, Room 104, Helena. The court sits in the 1st Judicial District. The same 1st Judicial District also serves Broadwater.
Full Lewis and Clark County probate guide: cost, how to file & attorneys →Probate Court Record
Lewis and Clark County District Court
Lewis and Clark County · 1st Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Lewis and Clark County →
Verified October 16, 2026 · Source
Recording Office Record
County Clerk and Recorder
Lewis and Clark County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
County Clerk and Recorder
Lewis and Clark County · Lewis and Clark County Records Department
Phone
Hours
Office
Website
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Lewis and Clark County · Lewis and Clark County Sheriff, Coroner Division
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the District Court
Uncontested probate matters are heard Wednesdays at 1:30 p.m. in Department No. 1.
The Montana courts' Self-Help Law Program serves this county from its Helena center in the State Law Library. 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.
Every Lewis and Clark County probate case is assigned to Department No. 1. Email and fax filings are not accepted; papers that are not e-filed by an attorney, a probate case by a person without a lawyer included, are filed on paper with the clerk.
Forms for Planning and Settling an Estate in Montana
Free Montana forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Montana.
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.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Montana, a pour-over will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
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.
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.
Tools for Planning and Settling an Estate in Montana
Free calculators and checklists to plan or settle an estate in Montana: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Montana, estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in Montana, a surviving spouse takes the entire estateMCA § 72-2-112Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationMCA § 72-2-116Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Montana costs an estimated $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. Attorney fees run 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 under a reasonable-compensation standard.
Montana Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Lewis and Clark County.
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