What to Do When Someone Dies in Missoula County, Montana
Probate in Missoula 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 Missoula 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
Missoula County · 4th Judicial District
Address
200 West BroadwayMissoula, MT 59802
Phone
Hours
Monday - Friday, 8:00 AM - 12:00 PM, 1:00 PM - 5:00 PM
Paper filing availableE-filing optional
Part of the 4th Judicial District serving Mineral and Missoula counties. Missoula is one of Montana's largest cities. Courthouse located on second floor.
Verified June 2, 2026 · Source
How Probate Works in Missoula 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 Missoula County, probate runs through the District Court at 200 West Broadway, Missoula. The court sits in the 4th 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 Missoula County
What probate costs in Missoula 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 200 West Broadway, Missoula. The court is part of the 4th Judicial District.
Local procedures at this court: Copy of will must be attached to petition for probate. Original will must be filed with clerk; Personal Representative must file certificate required by Mont. Code Ann. § 72-3-1006 or declaration stating federal estate tax return was not required; Uncontested probate heard on law and motion day. 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.
The District Court accepts e-filing (https://mtefile.courts.mt.gov). Paper filing remains available for self-represented filers.
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
Probate documents in Missoula 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 4th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
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 Missoula County Self-Filing Assessment.
Missoula 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
Personal Representative must file certificate required by Mont. Code Ann. § 72-3-1006 or declaration stating federal estate tax return was not required.
Document Requirements
Copy of will must be attached to petition for probate. Original will must be filed with clerk.
Court Appearances
Uncontested probate heard on law and motion day.
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 Missoula 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
Missoula County
Address
200 West BroadwayMissoula, MT 59802
Phone
E-recording
Available via CSC / ePN / Indecomm / 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.
Verified March 22, 2026 · Source
Probate Attorneys Serving Missoula County
Montana allows informal probate, so many families settle straightforward estates in Missoula 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 Missoula 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.
Missoula Region Firms
Christian, Samson & Baskett, PLLC
FirmMissoula 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.
Location
310 W Spruce StreetMissoula, MT 59802
Phone
(406) 721-7772
Service Area
4 counties
Estate PlanningProbate AdministrationWills TrustsTax PlanningBusiness LawReal Estate
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Datsopoulos, MacDonald & Lind, P.C.
FirmEstablished 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.
Location
201 W Main StreetMissoula, MT 59802
Phone
(406) 728-0810
Established
1974
Service Area
4 counties
Estate PlanningProbate AdministrationWills TrustsTrust Administration
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Garlington, Lohn & Robinson, PLLP
FirmMissoula 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.
Location
350 Ryman StMissoula, MT 59802
Phone
(406) 523-2500
Established
1870
Service Area
4 counties
Estate PlanningProbate AdministrationTrust AdministrationTax PlanningBusiness Succession
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Milodragovich, Dale & Steinbrenner, P.C.
FirmMissoula firm founded in May 1977 with practice in transactional, insurance, and litigation matters. Estate planning and probate services include wills, trusts, succession planning, and probate administration. Gerald W. Steinbrenner is recognized in Best Lawyers in America and was named the 2025 Missoula Tax Law Lawyer of the Year. The firm is a member of the Western Montana Estate Planning Council.
Location
620 High Park WayMissoula, MT 59806
Phone
(406) 728-1455
Established
1977
Service Area
5 counties
Estate PlanningProbate AdministrationTrust AdministrationTax PlanningBusiness SuccessionReal EstateBusiness Law
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Montana Legacy Law, PLLC
FirmRavalli County estate planning and probate attorney. Hamilton native Scott Roy McLean opened his own practice in 2017, having previously practiced in Washington, DC for six years. Graduated from The George Washington University School of Law.
Location
178 South Second StreetHamilton, MT 59840
Phone
(406) 540-5316
Established
2017
Service Area
2 counties
Estate PlanningProbate Administration
Free consultationVisit site
St. Peter O'Brien Law Offices, P.C.
FirmHandles estate planning, probate, and trust administration for families in Missoula and western Montana. Drafts wills, revocable and irrevocable trusts, and powers of attorney, and guides personal representatives through estate inventory, debt settlement, distribution, and final accounting. Also handles guardianships and farm, ranch, and business succession.
Location
2620 Radio WayMissoula, MT 59802
Phone
(406) 728-8282
Service Area
5 counties
Estate PlanningWills TrustsProbate AdministrationGuardianshipTax Planning
Visit 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
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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
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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
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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 Missoula 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 Missoula 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 Missoula 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 Missoula County probate.
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