Overview
Lewis and Clark County is located in Montana with a population of approximately 75,129. The First Judicial District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Montana probate is governed by Title 72 of the Montana Code Annotated (MCA). The process begins with filing a Petition for Probate and Appointment of Personal Representative to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Montana allows for a simplified small estate process. If the value of the entire estate, less liens and encumbrances, does not exceed $50,000, a successor may collect assets using a Small Estate Affidavit 30 days after the decedent's death.
Montana does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Fees must be reasonable based on the services provided.
This guide provides an informational overview of the Lewis and Clark County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
First Judicial District Court
Probate matters in Lewis and Clark County are handled at the Lewis and Clark County Courthouse.
Address: 228 Broadway, Room 104, Helena, MT 59601
Phone: (406) 447-8216 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located in Room 104 of the courthouse. This court serves the First Judicial District, which includes Lewis and Clark and Broadwater Counties.
Parking and Access
Street parking is available around the courthouse and in nearby downtown Helena. Security screening is required upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (less liens) and 30 days have passed since death, you may be able to skip probate.
- Summary Administration: Available if the estate value does not exceed the homestead allowance, exempt property, family allowance, costs of administration, and funeral/medical expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the First Judicial District Court. Include:
- Original Will (if applicable)
- Application for Informal Probate or Petition for Formal Probate
- Certified death certificate
- $100 filing fee
- Order Appointing Personal Representative and Letters of Appointment
E-filing is available and often required for attorneys via the Montana Courts E-Filing system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice to creditors in a newspaper of general circulation in Lewis and Clark County for three successive weeks
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing if the clerk approves the application.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publication (creditors have 4 months to file claims)
- Inventory and appraise all estate assets within 9 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Lewis and Clark County-Specific Procedures
- E-filing: The First Judicial District utilizes the Montana Courts E-Filing system.
- Judge Assignment: Probate cases are assigned to one of the District Court judges (e.g., Department 1 or 2) based on a rotation or local rule.
- Local Rules: The First Judicial District has specific local rules regarding case management and filing formats.
- Publication: Notice must be published in a newspaper of general circulation in Lewis and Clark County for three successive weeks.
Always check with the Clerk of District Court for the most current local requirements.
Timeline & Fees
Filing Fees (Lewis and Clark County)
- Probate Commencement (Petition): approximately $100
- Adoption Petition: approximately $105
- Certified copies of Letters: approximately $2.00 per page + $2.00 certification
- Publication costs: approximately $150-$300 depending on the newspaper
- E-filing fees: Transaction fees may apply
Montana law requires attorney and personal representative fees to be reasonable; there is no statutory percentage fee.
Payment Methods
The court accepts cash, checks, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 18 months to 3 years
Creditors have 4 months from the date of first publication to file claims, which sets a minimum duration for the estate administration.
Local Resources
Lewis and Clark County Court Resources
- Court Website: lccountymt.gov
- Probate Self-Help: Montana Judicial Branch
- Montana Probate Forms: courts.mt.gov
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — Lawyer Referral Service
- Montana Legal Services Association: (800) 666-6899 — Civil legal aid for low-income residents
- State Bar Lawyer Referral: montanabar.org
Publication
- Independent Record: (406) 447-4000 — Newspaper of general circulation in Helena
- Lewis & Clark Journal: (406) 285-6565 — Local weekly newspaper