Estate Planning for Lewis and Clark County, Montana Property Owners
For most Lewis and Clark 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 Lewis and Clark 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 Lewis and Clark 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.
Record a Transfer-on-Death Deed in Lewis and Clark County
A transfer on death deed lets an owner name a beneficiary who receives Lewis and Clark County property automatically at death, without probate. It is recorded with the County Clerk and Recorderduring the owner’s lifetime and can be revoked any time.
Where to Record Property Documents
Deeds and other real property documents for Lewis and Clark County are recorded with the County Clerk and Recorder at 316 North Park Avenue, Room 113, Helena, MT 59601. Phone: 406-447-8306.
Recording costs $20 base recording fee; $10 per additional page; TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons under Montana law can change the final amount, so confirm the total with the County Clerk and Recorder before submitting.
Lewis and Clark County accepts e-recording through Simplifile.
Recording Office Record
County Clerk and Recorder
Lewis and Clark County
Address
316 North Park Avenue, Room 113Helena, MT 59601
Phone
E-recording
Available via SimplifileE-recording info →
Recording fees
| Base recording fee | $20 |
| Per additional page | $10 |
Effective October 1, 2025, Montana recording fees changed from $8.00 per page to $20.00 for the first page and $10.00 for each additional page (HB 192). Non-standard document surcharge of $10.00 per document remains unchanged. Beginning July 1, 2027, fees are subject to biennial CPI-based adjustments. E-recording is available in many counties via Simplifile or CSC.
MCA 7-4-2637 (recording fees); MCA 7-4-2636 (document standards and non-standard surcharge); HB 192, 69th Legislature (fee increase effective October 1, 2025)
Transfer tax
Montana does not impose a real estate transfer tax, documentary stamp tax, or conveyance tax on property transfers.. Transfer-on-death deeds are generally exempt (Montana has no transfer tax. A Realty Transfer Certificate (Form RTC, MCA 15-7-307) must be filed when ownership changes, but it is an informational filing with no associated tax or fee. TOD/beneficiary deeds do not require an RTC because no transfer occurs at recording.). The RTC is used by the Montana Department of Revenue for property tax administration and income tax compliance purposes only.
Lewis and Clark County is the state capital county.
Verified March 22, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the District Court — not just the house. For a Lewis and Clark County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- MCA 7-4-2637 (recording fees); MCA 7-4-2636 (document standards and non-standard surcharge); HB 192, 69th Legislature (fee increase effective October 1, 2025)
Data sourced from Montana statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Lewis and Clark County are recorded with the County Clerk and Recorder at 316 North Park Avenue, Room 113, Helena, MT 59601. Call 406-447-8306 to confirm current recording procedures.
Recording a deed in Lewis and Clark County costs $20 base recording fee; $10 per additional page; TOD deeds are generally transfer-tax exempt. Page count, required cover sheets, and any local transfer tax can change the final total.
Lewis and Clark County accepts electronic recording through Simplifile. Paper recording by mail or in person is also accepted.
Contact the County Clerk and Recorder for current recording hours. Reach the office at 406-447-8306. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in Montana must be signed in front of a notary before the County Clerk and Recorder will accept them. A transfer-on-death deed follows the same execution rules — see the Lewis and Clark County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the County Clerk and Recorderduring the owner’s lifetime. Start one with the Montana TOD deed form.
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