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Lewis and Clark County, MT Probate Information
Quick facts
| Topic | Lewis and Clark County details |
|---|---|
| Court | Lewis and Clark County District Court, Montana 1st Judicial District Court (Mont. Code Ann. § 3-5-101) |
| Filing office | Clerk of district court in Lewis and Clark County |
| Courthouse address | Lewis and Clark County Courthouse, 228 Broadway, Room 104, Helena, MT 59601 |
| Mailing address | Mail filings to the clerk of district court at 228 Broadway, Room 104, Helena, MT 59601, and call first to confirm the current mailing instructions. |
| Phone | (406) 447-8216 |
| Fax | (406) 447-8275. The First Judicial District's local rules state that, in Lewis and Clark County, email and fax filings will no longer be accepted, so do not treat the fax number as a filing route. |
| Hours | 8:00 am to 5:00 pm, Monday through Friday, Mountain Time. Call before making the trip, especially near a holiday. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The amount is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge, current under the 2025 Montana Code Annotated and the Montana Judicial Branch statewide fee schedule updated May 2024 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | Yes. The county forms page sends probate filers to the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife and also lists a Lewis and Clark County affidavit of inability to pay filing fees and other costs. |
| E-filing | E-filing is not available to self-represented litigants, according to courts.mt.gov. Attorneys may use electronic filing for probate because the Montana Judicial Branch court policy, as of July 30, 2026, lists this court as enabled for Probate, case type DP. |
| Case search | Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, linked from courts.mt.gov/Courts/portals. The county page says to choose Lewis and Clark District Court from the dropdown. Lewis and Clark County District Court converted to FullCourt Enterprise in January 2023, according to courts.mt.gov. |
| Remote appearance | Whether a person may appear by video or telephone is decided by the district judge under the 1st Judicial District local rules. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | courts.mt.gov/CourtLocator/1stJudicialDistrict and lccountymt.gov/Government/Clerk-of-District-Court |
Before you begin — know the assets and liabilities
Before you go to the clerk of district court in Helena, identify what the estate owns, what it owes and what is in the decedent's sole name. That tells you whether a Lewis and Clark County estate must be opened, whether the affidavit route under Mont. Code Ann. § 72-3-1101 is enough, and how many certified copies of the Letters of Authority you may need from the clerk's counter at the $2.00 certification amount listed on the county fee schedule effective May 2024 (Mont. Code Ann. § 25-1-201).
Sunset's asset discovery searches more than 2,300 financial institutions, so a Lewis and Clark County family can see accounts, balances and debts before filling out forms. That makes the estate settlement plan clearer before you print documents, pay the filing fee or ask the clerk procedural questions.
Which court handles jurisdiction
Probate for Lewis and Clark County is filed with the clerk of district court at the Lewis and Clark County Courthouse in Helena. Lewis and Clark County is one of the two counties in Montana's 1st Judicial District, with Broadwater County, but each county has its own clerk of district court and its own filing counter (Mont. Code Ann. § 3-5-101). A Lewis and Clark County estate is filed in Helena, not in Townsend.
Montana does not use a county-level trial court for estates and does not use a separate estate-only court. The District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Justice Court, City Court and Municipal Court, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue for the first estate-opening proceeding is the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, any county where the decedent owned property at death (Mont. Code Ann. § 72-3-112). For Lewis and Clark County, the communities confirmed for this page are Helena and East Helena.
The jurisdiction process
- List assets, debts and title before choosing a route. The personal representative will need enough information to sign later filings, and the affidavit route under Mont. Code Ann. § 72-3-1101 depends on what is in the probate estate.
- Get the probate forms from the Montana Judicial Branch page at courts.mt.gov/Forms/endoflife. The Lewis and Clark County clerk of district court points probate filers to that statewide forms page, and the state packet includes an application for informal probate, the statement of informal probate and the Letters of Authority used by Montana courts.
- Print filings single-sided. The judges of the First Judicial District state that they accept only single-sided documents.
- File the informal application with the clerk, or file a petition if the matter is formal and requires notice, at Room 104 of the Lewis and Clark County Courthouse, 228 Broadway, Helena, MT 59601. A self-represented filer files on paper in person or by mail because e-filing is not available to self-represented litigants, according to courts.mt.gov, and the First Judicial District local rules state that email and fax filings will no longer be accepted in Lewis and Clark County.
- Pay the $100.00 commencement amount, current under the 2025 Montana Code Annotated and the statewide fee schedule updated May 2024, unless the court waives payment. The $100.00 amount is 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). The county forms page also lists an affidavit of inability to pay filing fees and other costs.
- Use the local case information once the case is opened. Probate cases use the DP case type, and Lewis and Clark County District Court has court ID 25 in the Judicial Branch court-ID list.
- For informal probate, the clerk of district court makes the required statutory findings, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after the waiting period. The clerk cannot issue the statement of informal probate until at least 120 hours have elapsed since death, and informal appointment for a nonresident decedent has a 30-day timing rule (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Qualify before Letters issue by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). Ask for certified copies of the Letters of Authority while you are at the counter; the county fee schedule effective May 2024 lists $2.00 for certification with the seal (Mont. Code Ann. § 25-1-201).
- Publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in Lewis and Clark County. Creditors then have 4 months after the date of first publication, and the personal representative handles publication, not the clerk (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, valuing probate property at fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- If a hearing or order is needed, work with the department assigned to probate cases. The Judicial Branch published 1st Judicial District local rules assigning Lewis and Clark County probate cases to Department No. 1 and listing a Wednesday 1:30 pm setting for uncontested probate and other civil matters, but the county also lists local rules effective January 1, 2026, so confirm the current department calendar with the clerk. Montana provides a route for uncontested formal cases (Mont. Code Ann. § 72-3-307).
- Ask about remote appearance before relying on it. Whether you can appear by video or telephone is decided by the district judge under the 1st Judicial District local rules; Montana has no statewide rule giving a party a right to appear remotely, and testimony by contemporaneous transmission is discretionary under Mont. R. Civ. P. 43(a).
- Administer and close the estate, keeping copies of everything filed. Before relying on a fee, form, hearing setting or local formatting rule, call the Lewis and Clark County clerk of district court at (406) 447-8216.
Executor duties
| Local duty | Why it matters in Lewis and Clark County |
|---|---|
| Use the correct filing counter | Estate filings go to the clerk of district court in Room 104 at 228 Broadway in Helena, not to the county's general government offices at 316 North Park Avenue and not to the clerk and recorder. |
| Print on one side only | The First Judicial District judges state that they accept only single-sided documents, so print estate filings on one side of the paper. |
| Do not use email or fax as the local filing route | The First Judicial District local rules state that, in Lewis and Clark County, email and fax filings will no longer be accepted. Self-represented litigants file conventionally with the clerk, and e-filing is not available to self-represented litigants, according to courts.mt.gov. |
| Use the DP case number on later filings | Probate cases use the DP case type, and Lewis and Clark County District Court uses court ID 25. Put the assigned case number on later papers. |
| Include a proposed order when the local rules require it | The 1st Judicial District local rules published by the Judicial Branch require conventionally filed motions to include a proposed order with copies and addressed envelopes for counsel of record. Confirm the current rule with the clerk because the county lists local rules effective January 1, 2026. |
| Budget for certified copies | The county fee schedule effective May 2024 lists $2.00 for certification with the seal and copy charges tied to Mont. Code Ann. § 25-1-201. Banks and title companies commonly ask to see certified Letters of Authority. |
| Ask about the local fee waiver form | The Lewis and Clark County forms page lists an affidavit of inability to pay filing fees and other costs. The Montana Judicial Branch also publishes fee-waiver materials at courts.mt.gov. |
Forms and documents
Probate forms in Lewis and Clark County
The Montana Judicial Branch publishes statewide probate forms at courts.mt.gov/Forms/endoflife under the category for wills, trusts, powers of attorney, estate planning and probate. The Lewis and Clark County clerk of district court points probate filers to that same statewide page.
| Form or resource | Where to get it | Lewis and Clark County note |
|---|---|---|
| Statewide informal probate packet | courts.mt.gov/Forms/endoflife | The packet includes the application for informal probate, the statement of informal probate and the Letters of Authority used by the clerk or judge. |
| Affidavit for Collection of Personal Property of Decedent | courts.mt.gov/Forms/endoflife | This route is tied to Mont. Code Ann. § 72-3-1101. The affidavit is presented to the property holder, not filed with the clerk of district court. |
| Affidavit of inability to pay filing fees and other costs | Lewis and Clark County clerk of district court forms page | This is a county-specific form for a filer who cannot pay filing fees and related court costs. The statewide fee-waiver resources are also at courts.mt.gov. |
| Local probate cover sheet | Not listed by the county forms page or the 1st Judicial District local rules | The county publishes local forms, but it does not list a probate-specific local form or probate cover sheet. |
Fees
The $100.00 amount to commence a probate is statewide and statutory, current under the 2025 Montana Code Annotated and the Montana Judicial Branch statewide fee schedule updated May 2024 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Lewis and Clark County also publishes a clerk of district court fee schedule effective May 2024 for the charges families often meet around a filing.
| Charge | Amount | Why it matters |
|---|---|---|
| Certification with seal | $2.00, effective May 2024 | Certified Letters of Authority are often needed for banks, transfer agents and title work (Mont. Code Ann. § 25-1-201). |
| Hard-copy documents | $1.00 per page for the first 10 pages, then $0.50 after that, effective May 2024 | Use this when budgeting for copies from the court file (Mont. Code Ann. § 25-1-201). |
| Emailed copies | $0.25 per page, effective May 2024 | The county directs copies and searches to [email protected], but this is not a filing route (Mont. Code Ann. § 25-1-201). |
| Record search | $2.00 per name per year up to 7 years, then $1.00 per name per additional year, effective May 2024 | This is the clerk search charge listed in the county fee schedule (Mont. Code Ann. § 25-1-201). |
| Foreign probate with certificate | $85, effective May 2024 | This appears on the Lewis and Clark County clerk of district court fee schedule and tracks the statewide schedule (Mont. Code Ann. § 25-1-201). |
Timeline
- Confirm that at least 120 hours have elapsed before expecting the clerk to issue the statement of informal probate, or ask about the 30-day timing rule if the decedent was not a Montana resident (Mont. Code Ann. § 72-3-215, § 72-3-225).
- File single-sided papers with the clerk of district court in Room 104 at 228 Broadway, or mail them to that address. The First Judicial District local rules state that email and fax filings will no longer be accepted in Lewis and Clark County, and e-filing is not available to self-represented litigants, according to courts.mt.gov.
- Expect the probate case to go to the department assigned to Lewis and Clark County probate matters. The Judicial Branch published 1st Judicial District local rules assign probate cases to Department No. 1 rather than random assignment, but the county lists local rules effective January 1, 2026, so confirm the current assignment with the clerk.
- If the matter is set for an uncontested hearing, ask the clerk about the current calendar. The Judicial Branch published 1st Judicial District local rules list Wednesday at 1:30 pm for uncontested probate and other civil matters, and Montana recognizes uncontested formal cases (Mont. Code Ann. § 72-3-307), but county calendars are updated weekly and subject to change.
- If you file a motion conventionally, include what the current local rules require. The Judicial Branch published 1st Judicial District local rules require a proposed order, copies and addressed envelopes with conventionally filed motions, and limit most later filings to 20 pages.
- After appointment, publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in Lewis and Clark County. Creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, using fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- Before relying on any department assignment, weekly calendar, local rule or filing format, call the clerk of district court at (406) 447-8216 because the county lists local rules effective January 1, 2026 and courtroom calendars are updated weekly.
Local nuance
Lewis and Clark County-specific considerations
| Local point | What it means for an estate filing |
|---|---|
| All probate cases go to one department | The 1st Judicial District local rules published by the Judicial Branch assign Lewis and Clark County probate cases to Department No. 1 rather than random assignment. Confirm current assignment with the clerk because the county lists local rules effective January 1, 2026. |
| The judges sit in Helena | The 1st Judicial District covers Lewis and Clark County and Broadwater County (Mont. Code Ann. § 3-5-101), but the district judges and standing master sit in the Helena courthouse where Lewis and Clark County estates are filed. |
| Single-sided filings | The First Judicial District judges state that they accept only single-sided documents. Print estate settlement filings on one side of the paper. |
| Email and fax filings discontinued locally | The First Judicial District local rules state that email and fax filings will no longer be accepted in Lewis and Clark County. Paper filings go to the clerk in person or by mail unless an attorney uses enabled e-filing through courts.mt.gov. |
| The wrong counter is nearby | The Justice Court is at the same street address, and Helena also has a Municipal Court and East Helena has a City Court. Those courts of limited jurisdiction do not handle probate (Mont. Code Ann. § 3-10-301, § 3-11-102). |
| Self-help is nearby, not at the filing counter | The Helena Self-Help Law Center is inside the Montana State Law Library at 215 North Sanders, a few blocks from the courthouse. Call 406-444-9300 to ask what help is available. |
| Land records are a separate office | The clerk and recorder keeps land records and death certificates. Estate papers are filed with the clerk of district court, not with the clerk and recorder. |
Recent updates
| Change | Date as published |
|---|---|
| The First Judicial District Court local rules were reissued, and the clerk of district court page also states that the judges accept only single-sided documents. | Effective January 1, 2026 |
| The Montana Judicial Branch electronic filing court policy lists Lewis and Clark County District Court among the district courts enabled for e-filing and lists probate among the enabled case types, while stating that e-filing is not enabled for self-represented litigants. | As of July 30, 2026 |
| The Lewis and Clark County clerk of district court fee schedule lists copy, certification, search and related charges around court filings. | Effective May 2024, with one line effective October 1, 2025 |
| Lewis and Clark County District Court converted to the state's FullCourt Enterprise case management system. | January 2023 |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If a Helena home was co-owned, the court issue may be the accounts or property held only in the decedent's name. If an estate is needed, file the single-sided informal application with the clerk of district court in Room 104 at 228 Broadway. The clerk issues the statement of informal probate and the Letters after the statutory waiting period (Mont. Code Ann. § 72-3-215). | Sunset finds accounts and balances across more than 2,300 institutions, so the spouse can decide whether a probate filing is needed before starting estate settlement paperwork. |
| Out-of-state adult child with small estate | If the parent was domiciled in Lewis and Clark County, venue is in Helena even if the adult child lives elsewhere (Mont. Code Ann. § 72-3-112). A self-represented filer can mail paper filings to the clerk at 228 Broadway, Room 104. If the affidavit route under Mont. Code Ann. § 72-3-1101 fits, the affidavit is presented to the holder of the property rather than filed with the clerk. | Sunset assembles the asset picture remotely, so the child can see whether to mail a probate packet to Helena or use the Mont. Code Ann. § 72-3-1101 affidavit route. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually means opening a probate and obtaining Letters of Authority. File in Helena with the clerk of district court, use the department assigned to county probate cases, and bring a proposed order with any motion if the local rules require it. Deeds and lien work involve the clerk and recorder, a different office from the clerk of district court. | Sunset builds the asset and liability picture, including what is owed against the home, so the parent knows what the sale must clear before the estate settlement work moves through court. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Helena Self-Help Law Center | Free Montana Supreme Court service inside the Montana State Law Library. The Court Help Program says it cannot give legal advice or represent you in court, but it can provide legal information and direct you to resources, according to courts.mt.gov/SelfHelp/. | 215 North Sanders, Helena. 406-444-9300. [email protected]. 8:00 am to 5:00 pm, Monday through Friday, by appointment. |
| Court Help Program | Statewide civil self-help program from the Montana Supreme Court. Its published limit is that it cannot give legal advice or represent you in court, according to courts.mt.gov/SelfHelp/. | courts.mt.gov/SelfHelp/ |
| Lewis and Clark County clerk of district court | Use for procedural, records, filing and scheduling questions. A clerk can give forms and instructions and can check signatures, notarization, correct county name and case number, but cannot fill out or correct forms for you except for persons with disabilities, and cannot give legal advice. | 228 Broadway, Room 104, Helena, MT 59601. (406) 447-8216. Copies and search requests: [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will handle an estate or represent a personal representative. | mtlsa.org. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| MontanaLawHelp.org | Public self-help library connected to Montana Legal Services Association, including life and estate planning information linked from courts.mt.gov/Forms/endoflife. | montanalawhelp.org |
| Montana Judicial Branch probate forms | Statewide probate forms, including informal probate materials and the affidavit route under Mont. Code Ann. § 72-3-1101. | courts.mt.gov/Forms/endoflife |
| State Bar of Montana | Attorney referral and information resource listed by the county. The county page says the service does not have attorneys on staff and does not provide names of pro bono or reduced-fee attorneys. | montanabar.org. 406-449-6577. |
| Montana District Court Public Access Portal | Use to search Lewis and Clark District Court records where public access is available. The Judicial Branch describes the portal as a courtesy rather than a required statutory service, and the county says to select Lewis and Clark District Court from the dropdown. | dcportal.pubcourts.mt.gov, listed through courts.mt.gov/Courts/portals. |
When to hire an attorney
Montana does not require a personal representative to hire a lawyer, and the Montana Supreme Court runs the Court Help Program and publishes probate forms for people representing themselves through courts.mt.gov. In Lewis and Clark County, counsel can still make sense when the clerk cannot give legal advice, when the estate has real estate to sell, when a formal petition with notice is needed, when local drafting rules apply, or when current department scheduling must be handled carefully. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help a Lewis and Clark County family identify accounts, balances and debts before deciding whether to file in Helena. A clear asset picture keeps estate settlement from starting with guesswork.
Generate the probate packet. Sunset helps organize the information needed for Montana probate forms and for the Lewis and Clark County clerk of district court, including names, addresses, asset details and the documents a personal representative will need to track.
Find a local probate attorney. If the estate needs legal advice, a home sale, a contested formal proceeding or help with local rules, Sunset can connect the family with a vetted probate attorney familiar with Montana district court practice.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, gather information and decide what help they need before paying court costs or attorney fees.
Frequently asked questions
Where do I file probate in Lewis and Clark County, Montana?
File with the clerk of district court in Room 104 on the first floor of the Lewis and Clark County Courthouse, 228 Broadway, Helena, MT 59601, or mail papers to that same address after calling the clerk. Montana probate is filed in the district court, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111). Print the documents single-sided.
Which judicial district is Lewis and Clark County in?
Lewis and Clark County is in Montana's 1st Judicial District with Broadwater County (Mont. Code Ann. § 3-5-101). Broadwater County has its own clerk of district court in Townsend, so a Lewis and Clark County estate is filed in Helena. The district judges and standing master sit in the Helena courthouse.
How much does it cost to open probate in Lewis and Clark County?
The commencement amount is $100.00, current under the 2025 Montana Code Annotated and the statewide fee schedule updated May 2024. It consists of the $70 probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). The county fee schedule effective May 2024 also lists $2.00 for certification with the seal (Mont. Code Ann. § 25-1-201).
Can I file probate online in Lewis and Clark County?
Not if you are filing without a lawyer. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants. Attorneys may file electronically where the court and case type are enabled, and the Judicial Branch court policy as of July 30, 2026 lists this court as enabled for probate. The First Judicial District local rules also state that email and fax filings will no longer be accepted in Lewis and Clark County.
Are there Lewis and Clark County probate forms?
The county forms page sends probate filers to the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. Lewis and Clark County also lists local forms, including an affidavit of inability to pay filing fees and other costs, but it does not list a probate-specific local form or probate cover sheet.
How soon after death can informal probate issue?
The clerk of district court cannot issue the statement of informal probate until at least 120 hours have elapsed since the death (Mont. Code Ann. § 72-3-215). Informal appointment also has a 120-hour rule, with a 30-day timing rule for a decedent who was not a Montana resident (Mont. Code Ann. § 72-3-225).
Will there be a hearing in a Lewis and Clark County probate?
An informal application may be handled by the clerk on the papers. Formal proceedings are before the district judge with notice, and Montana provides a route for uncontested formal cases (Mont. Code Ann. § 72-3-307). The Judicial Branch published 1st Judicial District local rules list Wednesday at 1:30 pm for uncontested probate and other civil matters in the department assigned to Lewis and Clark County probate, but confirm the current calendar with the clerk because the county lists local rules effective January 1, 2026.
Can I appear by video or telephone in a Lewis and Clark County probate matter?
That is decided by the district judge under the 1st Judicial District local rules. Montana has no statewide rule giving a party a right to appear remotely. A district court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk of district court what the current local rules require.
How do I look up a probate case in Lewis and Clark County?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, listed through courts.mt.gov/Courts/portals, and choose Lewis and Clark District Court from the dropdown. Lewis and Clark County District Court converted to FullCourt Enterprise in January 2023, according to courts.mt.gov. Probate case numbers use the DP case type and court ID 25. The clerk also performs record search work at the rates listed in Mont. Code Ann. § 25-1-201.
Do I have to travel to Helena to settle a Lewis and Clark County estate?
Not always. Venue follows the decedent's domicile or Montana property location (Mont. Code Ann. § 72-3-112), so a Lewis and Clark County estate is filed in Helena, but a self-represented filer can mail paper filings to the clerk at 228 Broadway, Room 104, Helena, MT 59601. If a hearing is set, ask the clerk whether the district judge requires an in-person appearance under the local rules.
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.