Estate Planning for Mineral County, Montana Property Owners

For most Mineral 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.

Record a TOD deedWhere to recordLocal attorneys

For a Mineral 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 Mineral 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.

Without a recorded beneficiary designation or a trust, Mineral County property passes through the District Court — even simple Montana probates run 4+ months and start with $100 in filing fees. Montana also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Mineral County

A transfer on death deed names a beneficiary who receives Mineral County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder during the owner's lifetime and can be revoked at any time.

Before recording, a Montana transfer on death deed is signed with notary acknowledgmentMCA 72-6-401 to 72-6-418Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathMCA 72-6-401 to 72-6-418Verified Aug 24, 2026View source.

Create a MontanaTOD deed →Mineral Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Mineral County are recorded with the County Clerk and Recorder, led by Clerk and Recorder Kelann McLees, at 300 River Street, Superior, MT 59872. Phone: 406-822-3520. Hours: 8am - 5pm Monday through Friday; occasionally closed for lunch.

Documents submitted by mail go to PO Box 550, Superior, MT 59872.

The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page. Recording a 2-page transfer on death deed in Mineral County comes to $30. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk and Recorder

Mineral County · Clerk and Recorder · Kelann McLees

Address

300 River StreetSuperior, MT 59872Mailing: PO Box 550, Superior, MT 59872

Fax

406-822-3579

Hours

8am - 5pm Monday through Friday; occasionally closed for lunch
Visit recorder website →

Recording fees

Base fee (first page)$20
Each additional page$10
Transfer tax on a TOD deedExempt

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

Open in Google Maps

Verified September 7, 2026 · Source

Estate Planning Attorneys Serving Mineral County

FirmMissoula, MT

Christian, Samson & Baskett, PLLC

Serves 4 counties

Missoula firm handling estate planning and probate across western Montana, from wills, trusts, and succession planning to estate administration for personal representatives and beneficiaries. Several attorneys handle estate matters, with a dedicated estate-tax practice for estates carrying gift, generation-skipping, or business-succession complexity.

PracticesEstate PlanningTax PlanningBusiness LawProbate Administrationand 2 more

Office
310 W Spruce StreetMissoula, MT 59802

FirmMissoula, MT

Datsopoulos, MacDonald & Lind, P.C.

Since 1974 · Serves 4 counties

Established in 1974, this Missoula law firm has 12 lawyers practicing general trial practice, banking law, and estate planning. Experienced in representing clients in the preparation of wills, trusts, and durable powers of attorney, as well as representation of trustees, personal representatives, and beneficiaries in trust and probate proceedings.

PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts

Office
201 W Main Street, Suite 201Missoula, MT 59802
Free consultation

FirmMissoula, MT

Garlington, Lohn & Robinson, PLLP

Since 1870 · Serves 4 counties

Missoula firm founded in 1870, serving western Montana from the Fourth Judicial District. Handles probate administration, from asset inventory and creditor notice to debt settlement and distribution, plus estate and trust disputes including will contests and breach-of-fiduciary-duty claims. Drafts wills, revocable and irrevocable trusts, powers of attorney, and business-succession plans.

PracticesEstate PlanningTrust AdministrationTax PlanningBusiness SuccessionProbate Administration

Office
350 Ryman StMissoula, MT 59802

FirmMissoula, MT

Milodragovich, Dale & Steinbrenner, P.C.

Since 1975 · Serves 5 counties

Missoula firm founded in 1975 serving western Montana. Handles probate administration for personal representatives and beneficiaries, wills, trusts, and succession planning, alongside its insurance and litigation practice. Estate-tax and business-succession work is led by Gerald W. Steinbrenner, a member of the Western Montana Estate Planning Council.

PracticesEstate PlanningTrust AdministrationTax PlanningBusiness Lawand 3 more

Office
620 High Park WayMissoula, MT 59806

FirmMissoula, MT

St. Peter O'Brien Law Offices, P.C.

Serves 5 counties

Handles estate planning, probate, and trust administration for families in Missoula and western Montana. Drafts wills, trusts, and powers of attorney, and represents clients in estate and probate proceedings, guardianships, and conservatorships. Founding attorney Don St. Peter is a past chair of the State Bar of Montana business, estates, trusts, tax and real property section.

PracticesEstate PlanningTax PlanningGuardianshipProbate AdministrationWills Trusts

Office
2620 Radio WayMissoula, MT 59802

FirmMissoula, MT

BJM Law PLLC

Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationTax PlanningBusiness SuccessionProbate Administration

Office
2809 Great Northern Loop, Suite 100Missoula, MT 59808
See all 13 firms serving Mineral County→

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.

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