What to Do When Someone Dies in Sanders County, Montana
Probate in Sanders 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 Sanders 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.
Paper filing availableE-filing optionalSelf-filing allowed
Mailing address: P.O. Box 519, Thompson Falls, MT 59873. Part of the 20th Judicial District serving Lake and Sanders counties. Lindsey Miller appointed as Clerk in January 2026, succeeding Cynthia Neste. Deputy Clerk: Lacy Wieckowski. Passport processing by appointment only, Mon and Wed-Fri 9 AM - 4 PM.
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 Sanders County, probate runs through the District Court at 1111 West Main Street, Thompson Falls. The court sits in the 20th Judicial District. The same 20th Judicial District also serves Lake.
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. The 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 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 Sanders County
What probate costs in Sanders 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 1111 West Main Street, Thompson Falls. The court is part of the 20th Judicial District.
Montana charges $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Sep 8, 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 1.8%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 Sep 8, 2026View source to 2.9%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 Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. 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 months to 12 months, and costs accrue throughout that period.
How to File Probate at the District Court
Probate documents in Sanders 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 20th 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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
Law and Motion is held Tuesdays at 10 AM: Department 1 on the 2nd and 4th Tuesday, Department 2 on the 1st and 3rd Tuesday. No Law and Motion is held on a 5th Tuesday.
Pro se parties must provide proof of service on all documents filed with Court.
Other Requirements
Court may dismiss probate without prejudice two years after filing unless good cause is shown.
Before You Go
Hearing schedule
Law and Motion: Department 1 (Judge Molly Owen) 2nd and 4th Tuesday at 10 AM; Department 2 (Judge John A. Mercer) 1st and 3rd Tuesday at 10 AM. No Law and Motion on a 5th Tuesday.
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 Sanders 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 Sanders County are recorded with the County Clerk and Recorder, led by Clerk and Recorder / Election Administrator Nicola McDonald, at 1111 W Main Street, Thompson Falls, MT 59873. Phone: 406-827-6922. Hours: Monday through Friday 8 am to 5 pm.
Documents submitted by mail go to P.O. Box 519, Thompson Falls, MT 59873.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Sanders County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk and Recorder
Sanders County · Clerk and Recorder / Election Administrator · Nicola McDonald
Address
1111 W Main StreetThompson Falls, MT 59873Mailing: P.O. Box 519, Thompson Falls, MT 59873
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
Montana allows informal probate, so many families settle straightforward estates in Sanders 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 1.8%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 Sep 8, 2026View source to 2.9%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 Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Sanders 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.
Polson law firm providing estate planning, wills, trusts, probate administration, durable powers of attorney, health care power of attorney, guardianship, and conservatorship services. Attorney Justin Kalmbach has been practicing since 2008, licensed in Alaska and Montana.
Polson practice serving Lake County and the Mission Valley, led by Matthew H. O'Neill, admitted in Montana in 1982. Handles real estate transactions, estate planning, and probate. The firm publishes no website; reach it by phone or mail.
Polson law firm located across the street from the Lake County Courthouse. Provides estate planning, probate, real estate law, civil litigation, and personal injury services. Licensed in Montana and South Carolina.
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.
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
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.
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Sanders County Guides
Step-by-step tools for families in Sanders County, Montana.