Full-service Kalispell law firm providing will and probate services along with family law, personal injury, and other legal matters. Voted Best Will & Probate Attorney and Best Law Firm.
What to Do When Someone Dies in Lincoln County, Montana
How probate works in Lincoln County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Lincoln County District Court
Lincoln County · 19th Judicial District
Phone
Office
512 California Avenue, 2nd Floor, Libby, MT 59923
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
- Law and motion is held each Monday; uncontested civil and probate matters are heard at 11:00 a.m.
Self-help center
- Flathead County Self-Help Law Center, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 599011-406-758-3397 · flatheadcountyselfhelp@mt.gov · Monday-Thursday 8:00 AM-4:00 PMThe Montana courts' Self-Help Law Program serves this county from its Kalispell center in the Flathead County Justice Center. 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.
Fax
1-406-283-2350
About the court
- Lincoln County makes up the whole 19th Judicial District. The clerk asks that documents and email correspondence go to the office mailbox.
Verified October 16, 2026 · Source
How Probate Works in Lincoln 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 Lincoln County, probate runs through the District Court at 512 California Avenue, 2nd Floor, Libby. The court sits in the 19th 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 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 Lincoln County
What probate costs in Lincoln 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 512 California Avenue, 2nd Floor, Libby. The court is part of the 19th 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 Lincoln 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 19th Judicial District.
The Montana courts' Self-Help Law Program serves this county from its Kalispell center in the Flathead County Justice Center. 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 Lincoln County Self-Filing Assessment.
Lincoln 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
Filing by email or fax is accepted only when a document is due that day, and the original is mailed to the clerk the same day.
The clerk stamps the time the email or fax arrives; one received after hours counts as received at 8:00 a.m. the next business day. The clerk charges a per-page fee for incoming emails.
SourceCourt Appearances
A matter goes on Monday law and motion only if its papers are filed with the clerk by 5:00 p.m. the Friday before.
The clerk prepares the Monday schedule and cases are generally called in that order.
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 Lincoln County
In Montana a death is registered locally, and in Lincoln County certified copies of the death certificate are issued by Lincoln County Clerk & Recorder as well as by Montana Department of Public Health and Human Services - Office of Vital Records.
Vital Records Office Record
County Clerk and Recorder
Lincoln County · Lincoln County Clerk & Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except holidays)
Office
512 California Avenue, Libby, MT 59923
Website
Local rule
- The office issues death certificates for any Montana county. Its online application is the one Missoula County runs, valid for every Montana county.
Certified copy fees
| First certified copy | $7 |
Mont. Code Ann. § 7-4-2631
Verified November 4, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Lincoln County
Published contact
None published by the county. The office is created by Mont. Code Ann. § 7-4-2911(1), (2).
Verified November 4, 2026 · Source
Transferring Property in Lincoln 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 Lincoln County are recorded with the County Clerk and Recorder at 512 California Avenue, Libby, MT 59923. Phone: 1-406-283-2301. Hours: Monday-Friday 8:00 AM-5:00 PM (except holidays).
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Lincoln County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk and Recorder
Lincoln County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except holidays)
Office
512 California Avenue, Libby, MT 59923
Website
E-recording
Fees
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 Lincoln County
Montana allows informal probate, so many families settle straightforward estates in Lincoln 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 Lincoln 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.
Serves northwest Montana from Whitefish (Flathead County, Eleventh Judicial District), handling probate, will and trust drafting, and real estate transfers alongside its family-law practice. Attorneys assist personal representatives and beneficiaries through estate administration. Practicing in the Flathead Valley since 1979.
Serves the Flathead Valley from Kalispell (Flathead County, Eleventh Judicial District), handling probate, estate and succession planning, and estate, trust, and guardianship litigation. Attorneys regularly represent personal representatives and beneficiaries in will and trust disputes. A long-established Kalispell firm with dedicated estate-planning and probate practice groups.
Kalispell firm, formerly Travis & Brann, PLLP, handling estate planning, probate, and trust matters for Flathead Valley families. Also provides personal injury, real estate transaction, and mediation services.
Columbia Falls solo practice serving estate and probate clients across the Flathead Valley, including Kalispell and Whitefish. Attorney Denise Romer handles probate administration, wills, revocable and special-needs trusts, powers of attorney, and guardianship and conservatorship matters. Offers free consultations, in person or virtual, and a military discount.
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.
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
- Lincoln County District Court, official page
- Lincoln County Clerk and Recorder, official page
- Lincoln 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.
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