What to Do When Someone Dies in Lewis and Clark County, Montana
Probate in Lewis and Clark 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 Lewis and Clark 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
District Court
Lewis and Clark County · 1st Judicial District
Address
228 East Broadway StreetHelena, MT 59601
Phone
Hours
Monday - Friday, 8:00 AM - 5:00 PM
Paper filing availableE-filing required for attorneys
Part of the 1st Judicial District serving Broadwater and Lewis & Clark counties. Helena is the state capital of Montana. Clerk email: lkallio@lccountymt.gov.
Verified June 2, 2026 · Source
How Probate Works 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 East Broadway Street, Helena. The court sits in the 1st Judicial District.
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 monthsMCA § 72-3-1101 (small estate: probate estate ≤ $100KVerified Jun 19, 2026View source to 12 monthsMCA § 72-3-1101 (small estate: probate estate ≤ $100KVerified Jun 19, 2026View source to move through this process. The 4 monthsMCA § 72-3-801Verified Jun 19, 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 Lewis and Clark County
What probate costs in Lewis and Clark 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 228 East Broadway Street, Helena. The court is part of the 1st Judicial District.
Local procedures at this court: Uncontested probate matters heard Wednesdays at 1:30 PM in Department No. 1; Lewis and Clark County: All probate cases assigned to Judge Mike Menahan. Broadwater County: Cases assigned at random. These are county-specific and not posted on the statewide court site.
Montana charges $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Jun 19, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the District Court (https://mtefile.courts.mt.gov). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Montana are negotiated, typically 2%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 Jun 19, 2026View source to 4%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 Jun 19, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%MCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%MCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value, based on reasonable pay for time and effort. 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 monthsMCA § 72-3-1101 (small estate: probate estate ≤ $100KVerified Jun 19, 2026View source to 12 monthsMCA § 72-3-1101 (small estate: probate estate ≤ $100KVerified Jun 19, 2026View source, and costs accrue throughout. The 4 monthsMCA § 72-3-801Verified Jun 19, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the District Court
If you're handling probate yourself in Lewis and Clark County, Montana, you can file at the District Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 1st Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Lewis and Clark County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
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 Lewis and Clark County Self-Filing Assessment.
Lewis and Clark County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Lewis and Clark County: All probate cases assigned to Judge Mike Menahan. Broadwater County: Cases assigned at random.
Court Appearances
Uncontested probate matters heard Wednesdays at 1:30 PM in Department No. 1.
What to Bring
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.
Transferring Property in Lewis and Clark County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk and Recorder.
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
Probate Attorneys Serving Lewis and Clark County
Montana allows informal probate, so many families settle straightforward estates in Lewis and Clark 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 2%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 Jun 19, 2026View source to 4%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 Jun 19, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Lewis and Clark 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.
Montana Business Assistance Connection Firms
Drake Law Firm, P.C.
FirmHelena law firm assisting with drafting wills, establishing trusts, and navigating the complexities of probate. Also practices personal injury and general civil litigation.
Location
27 Neill Ave, Suite 200, Livery Square BuildingHelena, MT 59601
Phone
(406) 495-8080
Service Area
3 counties
Estate PlanningWills TrustsProbate Administration
Visit site
Kelby R. Fischer, Attorney at Law
Solo PracticeHelena attorney helping individuals, families, and businesses protect their assets and preserve their legacy for the next generation with customized estate planning and business documents.
Location
40 West Lawrence Street, Suite BHelena, MT 59601
Phone
(406) 438-6665
Service Area
3 counties
Estate PlanningProbate AdministrationTrust AdministrationBusiness LawReal Estate
Visit site
Wall, McLean & Gallagher
FirmHelena law firm providing estate planning and probate services with clarity and compassion. Also maintains an office in Anaconda. Practice areas include personal injury, family law, estate planning and probate, business law, and real estate litigation.
Location
1 N Last Chance Gulch, STE 4Helena, MT 59601
Phone
(406) 442-1054
Service Area
4 counties
Estate PlanningProbate AdministrationReal Estate
Free consultationVisit site
Statewide Practices
BJM Law PLLC
FirmFormerly Bjornson Jones Mungas, PLLC. Over fifty years of combined experience in transactional, business and corporate law, contracts, real estate law, estate planning and probate administration, finance, and tax law. Serves clients throughout Montana and Washington.
Location
2809 Great Northern Loop, Suite 100Missoula, MT 59808
Phone
(406) 721-8896
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationTax PlanningBusiness Succession
Visit site
Browning, Kaleczyc, Berry & Hoven, P.C.
FirmStatewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.
Location
139 N Last Chance Gulch, Suite 201Helena, MT 59601
Phone
(406) 443-6820
Service Area
Statewide
Estate PlanningProbate AdministrationElder LawBusiness SuccessionTrust Administration
Visit site
Crowley Fleck PLLP
FirmOver 125 years of experience with more than 150 lawyers practicing from 11 offices in 3 states. Extensive experience in advising commercial and individual clients in complex probate and estate planning matters including wills, revocable trusts, financial and healthcare powers of attorney, charitable giving, and various trust planning alternatives.
Location
490 N 31st St, Suite 500Billings, MT 59101
Phone
(406) 252-3441
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationWills TrustsTax PlanningBusiness SuccessionElder LawGuardianship
Visit site
Flaherty Gallardo Law Firm
FirmProvides legal assistance with wills, probate, and estate planning. Serves clients throughout Montana from Libby to Havre to Bozeman to Billings.
Location
1026 1st Ave SouthGreat Falls, MT 59401
Phone
(406) 727-8494
Service Area
Statewide
Wills TrustsProbate AdministrationEstate Planning
Free consultationVisit site
HagEstad Law Group, PLLC
FirmServes western and central Montana from Missoula (Missoula County, Fourth Judicial District), handling probate administration, will and trust drafting, and estate settlement alongside its insurance-litigation practice. Attorneys guide personal representatives through asset inventory, creditor notice, and distribution. Free consultations available; the firm also maintains an Arizona office.
Location
2425 W Central Avenue, Suite 200Missoula, MT 59801
Phone
(406) 203-9303
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationEstate Litigation
Free consultationVisit site
Montana Elder Law, Inc.
FirmExpert probate attorneys specializing in the probate process to transfer property and assets after death. Serves clients throughout Montana including Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula. Focuses on elder law, estate planning, Medicaid planning, and guardianship.
Location
2687 Palmer Street, Suite DMissoula, MT 59808
Phone
(406) 549-0306
Service Area
Statewide
Elder LawEstate PlanningProbate AdministrationMedicaid PlanningGuardianshipLong Term Care
Visit site
Silverman Law Office, PLLC
FirmMontana business, real estate, and estate planning attorneys serving over 7,000 clients throughout Montana including Billings, Great Falls, Havre, Livingston, Miles City, Sidney, and Glasgow. Recently merged with Josephson Law Firm in Big Timber. Offices in Bozeman and Helena.
Location
1745 S 19th Ave, Suite 2Bozeman, MT 59718
Phone
(406) 582-8822
Service Area
Statewide
Estate PlanningProbate AdministrationTax PlanningBusiness LawReal Estate
Visit site
Tanko Law
FirmProviding Montana probate services, estate planning, wills and trusts, and elder law since 1995. Serves all counties in Montana from Kalispell and Columbia Falls offices, including Billings, Bozeman, Great Falls, Helena, Missoula, and Miles City. Offers a free 30-minute consultation and remote handling with no need for face-to-face meetings.
Location
392 1st Avenue East NorthKalispell, MT 59901
Phone
(406) 257-3711
Established
1995
Service Area
Statewide
Estate PlanningWills TrustsProbate AdministrationTrust AdministrationElder LawAsset ProtectionGuardianshipBusiness Planning
Free consultationVisit site
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
- MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317
- MCA § 72-3-1101 (small estate: probate estate ≤ $100K
- MCA § 72-3-631 (reasonable compensation; no statutory percentage)
- 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. 2019
- MCA § 72-3-801
Data sourced from Montana statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the District Court in Lewis and Clark County, attaching the original will (if any), the death certificate, and the filing fee ($100). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For Lewis and Clark County, that means filing fees ($100 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The District Court in Lewis and Clark County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Montana self-filing assessment scores whether this estate can be handled without one.
A simple Montana probate typically closes in 4–6 months; average estates run 6–12 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Lewis and Clark County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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