Helena law firm assisting with drafting wills, establishing trusts, and navigating the complexities of probate. Also practices personal injury and general civil litigation.
What to Do When Someone Dies in Lewis and Clark County, Montana
How probate works in Lewis and Clark County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Lewis and Clark County District Court
Lewis and Clark County · 1st Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
228 Broadway, Room 104, Helena, MT 59601
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
- Uncontested probate matters are heard Wednesdays at 1:30 p.m. in Department No. 1.
Self-help center
- State Law Library Self-Help Law Center, Mazurek Justice Building, 215 North Sanders Street, Helena, MT 596011-406-444-9300 · statelawlibraryselfhelp@mt.gov · Monday-Friday 8:30 AM-5:00 PMThe 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.
County forms
- Affidavit of Inability to Pay Filing Fees and Other CostsAsks the court to waive filing fees and costs for a filer who cannot pay them (1st Judicial District, Lewis and Clark County caption).
Fax
1-406-447-8275
Departments
- Copies and record searchescdcsearches@lccountymt.govCopy and search requests go to this mailbox on the clerk's request forms and are worked in the order received, in about 10 business days. The clerk calls or emails when a request is ready for payment, so card details do not go on the form.
About the court
- Part of the 1st Judicial District, which also serves Broadwater County. The clerk's office is in Room 104 of the county courthouse.
Verified October 16, 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 Broadway, Room 104, Helena. The court sits in the 1st Judicial District. The same 1st Judicial District also serves Broadwater.
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 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 Broadway, Room 104, Helena. The court is part of the 1st 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 Lewis and Clark 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 1st Judicial District.
Beside the filing office, the court lists a separate line for Copies and record searches.
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.
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 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
Document Requirements
The clerk accepts single-sided documents only.
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 Lewis and Clark County
In Montana a death is registered locally, and in Lewis and Clark County certified copies of the death certificate are issued by Lewis and Clark County Records Department as well as by Montana Department of Public Health and Human Services - Office of Vital Records.
Vital Records Office Record
County Clerk and Recorder
Lewis and Clark County · Lewis and Clark County Records Department
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
316 North Park Avenue, Helena, MT 59623
Website
Fax
1-406-457-8598
Local rule
- The office issues certified copies of deaths anywhere in Montana from 2003 on, and its own records of county deaths may date back to the late 1800s.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Lewis and Clark County · Lewis and Clark County Sheriff, Coroner Division
Mail and offices
Fax
1-406-447-8298
Verified November 2, 2026 · Source
Transferring Property in Lewis and Clark 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 Lewis and Clark County are recorded with the County Clerk and Recorder at 316 North Park Avenue, Helena, MT 59623. Phone: 1-406-447-8306. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Lewis and Clark County accepts electronic recording through Simplifile, CSC, e-Docs Solutions, ePN, Indecomm and Nationwide Title Clearing.
Recording Office Record
County Clerk and Recorder
Lewis and Clark County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
316 North Park Avenue, Helena, MT 59623
Website
Fax
1-406-457-8598
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 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, 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.
Helena attorney helping individuals, families, and businesses protect their assets and preserve their legacy for the next generation with customized estate planning and business documents.
Helena 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.
Formerly 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.
Statewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.
Over 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.
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
- Lewis and Clark County District Court, official page
- Lewis and Clark County Clerk and Recorder, official page
- Lewis and Clark 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.
Get the Answer
Hire a Montana Probate Attorney
Browse vetted Montana attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
