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Lake County, MT Probate Information
Quick facts
| Item | Lake County detail |
|---|---|
| Court | Lake County District Court, Montana 20th Judicial District |
| Courthouse address | 106 4th Avenue E, Room 301, Third Floor, Polson, MT 59860 |
| Mailing address | 106 4th Avenue E, Room 301, Third Floor, ATTN: Clerk of Court, Polson, MT 59860 |
| Clerk phone | (406) 883-7254 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 AM to 5:00 PM, closed on legal holidays |
| Filing fee | $100.00 to commence a probate, current in the 2025 Montana Code Annotated. The total includes the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | The Lake County clerk states that legal forms are not provided by the clerk and points readers to the Montana Law Library. Statewide probate forms are at courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. Attorney electronic filing depends on whether the court and DP case type are enabled. |
| Case search | Lake County District Court converted to FullCourt Enterprise in March 2024. Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and the clerk can confirm what is available for a Lake County case. |
| Remote appearance | Lake County publishes Zoom links for Department 1 and Department 2 Law and Motion Days. Permission and procedure are controlled by the district judge and local rules, not by a statewide right. |
| Court website | https://www.lakemt.gov/165/Clerk-of-District-Court |
Before you begin — know the assets and liabilities
Before you file anything in Lake County, identify what the decedent owned, what was jointly owned, what named a beneficiary and what debts still exist. Montana venue turns on the decedent's domicile or, for a non-Montana decedent, where Montana property was located (Mont. Code Ann. § 72-3-112), so the asset list affects both the estate settlement plan and where the filing belongs.
Sunset's estate settlement tools search more than 2,300 financial institutions for accounts and assets, organize what you find and help you decide what belongs in the Lake County probate packet before you contact the clerk of district court.
Which court handles jurisdiction
Probate for Lake County is filed with the clerk of district court at the Lake County Courthouse in Polson. Lake County is one of two counties in Montana's 20th Judicial District, with Sanders County, and that judicial district assignment comes from Mont. Code Ann. § 3-5-101. Sanders County has its own clerk of district court in Thompson Falls, so a Lake County estate is filed in Lake County.
The District Court has exclusive jurisdiction of all probate matters, and District Courts have original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Lake County Justice Court and City Courts in Polson, Ronan and St. Ignatius, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the right Montana filing path. Informal probate uses an application to the clerk, and formal probate uses a petition with notice under Montana's formal testacy statutes (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the Lake County packet. Use the statewide probate forms at courts.mt.gov/Forms/endoflife, including the Application for Informal Probate, proposed statement of informal probate and Letters of Authority when the informal route fits.
- File with the clerk of district court in Lake County at 106 4th Avenue E, Room 301, Third Floor, Polson. A self-represented personal representative files on paper because courts.mt.gov states that e-filing is not available to self-represented litigants.
- Pay the filing fee. The probate commencement charge is $100.00, current in the 2025 Montana Code Annotated, made up of the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- Wait for the clerk's informal-probate review or for the court to schedule any formal matter. In an informal proceeding, the clerk of district court makes the statutory findings, may deny an application that does not meet them and issues the written statement of informal probate only after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215).
- Use Lake County's calendars only as directed. The county publishes Law and Motion Days, Department 1 on Wednesday at 9 am and Department 2 on Thursday at 9 am, with Zoom links, but remote appearance depends on the district judge and local rules. Montana permits testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
- Qualify before acting for the estate. Before receiving letters, the personal representative files any required bond and a statement of acceptance of the duties of office (Mont. Code Ann. § 72-3-512). The statewide forms call the authority document Letters of Authority at courts.mt.gov/Forms/endoflife.
- Give required creditor notice and administer the estate. After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks, and creditor claims are measured from the first publication as provided in Mont. Code Ann. § 72-3-801, with the outside bar in Mont. Code Ann. § 72-3-803.
- Prepare the inventory and close the estate when administration is complete. The personal representative prepares an inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607) and may use the appropriate Montana closing statement procedure when the statutory requirements are met (Mont. Code Ann. § 72-3-1104).
Forms and documents
Probate forms in Lake County
Lake County's clerk of district court page says the clerk does not provide legal forms and directs readers to the Montana Law Library. For probate forms, start with the Montana Judicial Branch forms page at courts.mt.gov/Forms/endoflife.
| Form or packet | Use |
|---|---|
| How to Administer a Small Estate Packet | Statewide packet for an informal estate process, including the application, proposed statement of informal probate, Letters of Authority, acceptance and notice forms. The small estate reference belongs with Mont. Code Ann. § 72-3-1101 when the collection affidavit route is being evaluated. |
| Affidavit for Collection of Personal Property of Decedent | Statewide personal-property collection affidavit under Mont. Code Ann. § 72-3-1101, for qualifying estates after 30 days have elapsed and when no personal representative appointment is pending or granted. |
| Fiduciary Statement | Statewide probate-related fiduciary form listed on the Montana Judicial Branch end-of-life forms page. |
| Affidavit of Death | Statewide probate-related form listed on the Montana Judicial Branch end-of-life forms page. |
Timeline
- Lake County publishes Law and Motion Days for Department 1 on Wednesday at 9 am and Department 2 on Thursday at 9 am. These are local calendar settings, and local rules and the district judge control whether a particular probate matter is placed there.
- The Lake County page publishes Zoom links for those Law and Motion calendars. Do not rely on Zoom for a probate appearance until the clerk or the court confirms the procedure under local rules and any order in your case.
- If the matter is formal probate, the petition proceeds with notice under the formal testacy statutes, and contested scheduling is handled by the district judge (Mont. Code Ann. § 72-3-301, § 72-3-307).
Local nuance
Lake County-specific considerations
| Local point | What it means for a Lake County estate |
|---|---|
| Judges sit in Polson | The 20th Judicial District covers Lake and Sanders Counties, but both Department 1 and Department 2 sit in Polson for the district court listed for Lake County. A Lake County filing starts with the clerk of district court in Lake County (Mont. Code Ann. § 3-5-101). |
| Limited-jurisdiction courts are not estate filing courts | Lake County's limited courts include the Polson City Judge, Polson Justice of Peace, Ronan City Judge and St. Ignatius City Judge. Probate belongs in District Court, not those courts, because District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111, § 3-10-301, § 3-11-102). |
| Clerk service boundaries | The Lake County clerk lists probate cases among the case types maintained by the office, but the clerk cannot give legal advice, does not provide notary service and states that legal forms are not provided by the clerk. |
Recent updates
| Date | Lake County update |
|---|---|
| March 2024 | Lake County District Court converted to FullCourt Enterprise, according to courts.mt.gov. Use the District Court Public Access Portal information from courts.mt.gov and call the clerk to confirm what can be viewed for a specific estate case. |
Scenarios
| Situation | Likely Lake County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating jointly owned and beneficiary-designated assets from assets that are part of the probate estate under Mont. Code Ann. § 72-3-1101. If a court appointment is needed, file in Lake County District Court in Polson. | Sunset helps find accounts, identify title and beneficiary issues and assemble the estate settlement packet for the clerk of district court. |
| Out-of-state adult child with a small estate | If the estate qualifies for the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the claiming successor presents that affidavit to the holder of the property after 30 days have elapsed. If a personal representative is needed, file in Lake County. | Sunset helps compare the affidavit route with a Lake County District Court filing and organizes the documents before you contact the clerk. |
| Parent settling predeceased child's estate, home must be sold | If Montana real property needs court authority, expect a Lake County District Court estate with a personal representative and Letters of Authority from the clerk or district judge. Venue depends on domicile or Montana property location (Mont. Code Ann. § 72-3-112). | Sunset helps gather asset information, build the estate settlement task list and connect the family with a Montana probate attorney when a sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free statewide help for civil, non-criminal legal problems. The program can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | courts.mt.gov, (406) 841-2975 |
| State Law Library Self-Help Law Center | Statewide self-help location in Helena for people who do not have a staffed center in their county. The Court Help Program boundary still applies: information only, not legal advice or representation. | 215 N Sanders, Helena, (406) 444-9300, [email protected] |
| Montana Legal Services Association | Statewide civil legal aid intake. Eligibility and case-type limits apply, so do not assume probate representation will be available. | mtlsa.org, HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life-and-estate-planning materials. | montanalawhelp.org |
| Clerk of district court in Lake County | Maintains probate cases and can answer general questions about filing logistics, hours and public case information. The clerk cannot give legal advice and does not provide legal forms. | 106 4th Avenue E, Room 301, Polson, (406) 883-7254, [email protected] |
When to hire an attorney
Consider hiring a Montana probate attorney if the will is disputed, heirs disagree, creditors are active, real property must be sold, a fiduciary income tax issue may arise, or the clerk does not approve an informal application and a formal probate petition with notice is needed. Montana does not require every personal representative to start with counsel, but the court and self-help staff cannot give legal advice, and Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build a practical inventory for estate settlement before filing in Lake County.
Generate the probate packet. Sunset organizes the information needed for Montana forms, Lake County filing steps and the documents a personal representative needs to request Letters of Authority.
Find a local probate attorney. When a home sale, creditor dispute, formal probate issue or tax question needs legal judgment, Sunset connects the family with a vetted Montana probate attorney.
Sunset is free for families. Sunset gives families a single place to coordinate estate settlement tasks, documents and next steps without charging the family.
Frequently asked questions
Where do I file probate in Lake County, Montana?
File with the clerk of district court in Lake County at 106 4th Avenue E, Room 301, Third Floor, Polson, MT 59860. Montana venue is based on the decedent's domicile, or for a non-Montana decedent, a county where Montana property was located (Mont. Code Ann. § 72-3-112).
Is Lake County probate filed in District Court?
Yes. The District Court has exclusive jurisdiction of all probate matters, and Montana District Courts have original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). In Lake County, the filing office is the clerk of district court in Polson.
Can I e-file a Lake County probate if I do not have a lawyer?
No. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. A self-represented personal representative should file on paper with the clerk of district court in Lake County.
What is the filing fee for probate in Lake County?
The probate commencement filing fee is $100.00, current in the 2025 Montana Code Annotated. It consists of the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
Does Lake County publish probate hearing days?
Lake County publishes Law and Motion Days for Department 1 on Wednesday at 9 am and Department 2 on Thursday at 9 am. Whether a probate matter is placed on those calendars is controlled by the district judge and local rules, and uncontested formal matters are addressed under Montana's formal probate statutes with notice (Mont. Code Ann. § 72-3-301, § 72-3-307).
May I use Zoom for a Lake County probate hearing?
Lake County publishes Zoom links for the two Law and Motion calendars, but that is not a statewide right to appear remotely. Ask the clerk what the judge requires under local rules, and remember that Montana allows testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
Can I look up a Lake County probate case online?
Lake County District Court converted to FullCourt Enterprise in March 2024. Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and the Judicial Branch describes portal access as a courtesy. Call the clerk of district court in Lake County to confirm what is available for a specific case.
Does the Lake County clerk provide probate forms?
The Lake County clerk states that legal forms are not provided by the clerk and directs readers to the Montana Law Library. Statewide probate forms are posted by the Montana Judicial Branch at courts.mt.gov/Forms/endoflife.
Do I have to travel outside Lake County for the judge?
No local filing counter is outside Lake County. Lake County is in the 20th Judicial District with Sanders County under Mont. Code Ann. § 3-5-101, but both district judges for the Lake County District Court are listed in Polson, and the Lake County clerk is in Polson.
Does Montana have an inheritance tax or estate tax for a current Lake County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death, according to revenue.mt.gov. The inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not apply to deaths after December 31, 2004, and the Department of Revenue no longer requires a certificate or consent to close probate. An estate may still owe federal tax or a Montana fiduciary income tax return.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.