What to Do When Someone Dies in Beaverhead County, Montana

How probate works in Beaverhead County: the District Court record, what the process costs, and how to file there.

Probate Court Record

Beaverhead County District Court

Beaverhead County · 5th Judicial District

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

2 South Pacific Street, Suite 5, Dillon, MT 59725

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysAttorneys must e-file in probate cases in this court through the Montana Courts e-filing system. The Fifth Judicial District's Local Rule 3.1 requires e-filing in all cases unless the statewide e-filing rules exempt them. The system is not open to self-represented filers, who file with the Clerk of District Court on paper. On paper: Self-represented filers cannot e-file at any Montana court; An original paper will is filed with the clerk within 10 calendar days of e-filing a copy.

Self-represented filing

AllowedA person without a lawyer may file a probate case in Montana, on paper with the Clerk of District Court, since e-filing is open only to attorneys. The State Law Library publishes the probate forms, including the affidavit for collecting a small estate's personal property and a small-estate packet. Clerks cannot give legal advice.

Hearing schedule

  • The 5th District's typical schedule puts the court in Beaverhead County on Tuesdays (criminal) and Thursdays (dependent-neglect cases), in Madison County on Mondays and in Jefferson County on Wednesdays. Hearing dates are set and confirmed with the clerk, and the specific time is on the weekly law and motion calendar.

Self-help center

  • Gallatin County Self-Help Law Center, Gallatin County Justice Center, 515 South 16th Avenue, Bozeman, MT 597151-406-582-2158 · gallatincountyselfhelp@mt.gov · Monday-Friday 8:00 AM-4:30 PMThe Montana courts' Self-Help Law Program serves this county from its Bozeman center. It gives people without a lawyer legal information and court forms free of charge, not legal advice, and staff do not file papers for anyone. Video appointments are booked through the Helena center at (406) 444-9300.

Verified October 16, 2026 · Source

How Probate Works in Beaverhead 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 Beaverhead County, probate runs through the District Court at 2 South Pacific Street, Suite 5, Dillon. The court sits in the 5th Judicial District. It is one of 19 Montana counties where probate e-filing is mandatory rather than optional.

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. Creditors have 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Beaverhead County

What probate costs in Beaverhead 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 2 South Pacific Street, Suite 5, Dillon. The court is part of the 5th Judicial District.

Montana charges $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Montana are negotiated, typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Montana allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payMCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Montana requires publishing notice to creditors in a local newspaper, and the estate pays for it.

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 cases in Beaverhead County, Montana are filed at the District Court. The court sits in the 5th Judicial District. Beaverhead County shares the 5th Judicial District with Jefferson and Madison.

The Montana courts' Self-Help Law Program serves this county from its Bozeman center. It gives people without a lawyer legal information and court forms free of charge, not legal advice, and staff do not file papers for anyone. Video appointments are booked through the Helena center at (406) 444-9300.

Can You File Without an Attorney?

In Montana, informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.

For a full cost comparison and filing checklist, see the Beaverhead County Self-Filing Assessment.

Beaverhead 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

A filing that cannot be e-filed, such as one by a person without a lawyer, may be made in person, by email to the clerk's office mailbox or by fax, with a per-page fee.

An emailed or faxed document counts as the original, so no paper original follows. It must be signed and dated, and an emailed document is a PDF attachment. Payment or proof of payment comes before the clerk files anything.

Source

Court Appearances

No personal appearance is required in a probate case when the proper documents are filed and no interested person objects.

Source

Service Requirements

Every document offered for filing, other than a complaint, carries proof of service, or the clerk returns it.

Source

What to Bring

Filed with the opening petition at the District Court: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203)Mont. Code Ann. §§ 72-3-201 to 72-3-225 (informal probate & appointment); §§ 72-3-301 to 72-3-321 (formal testacy & appointment); §§ 72-3-501 to 72-3-518 (PR appointment, qualification, bond)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Beaverhead County

In Montana a death is registered locally, and in Beaverhead County certified copies of the death certificate are issued by Beaverhead County Clerk and Recorder as well as by Montana Department of Public Health and Human Services - Office of Vital Records.

Vital Records Office Record

County Clerk and Recorder

Beaverhead County · Beaverhead County Clerk and Recorder

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

2 South Pacific Street, Suite 3, Dillon, MT 59725

Fax

1-406-683-3781

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Sheriff-Coroner

Beaverhead County · Beaverhead County Sheriff's Office

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

2 South Pacific Street, Suite 16, Dillon, MT 59725

Mail and offices

Fax

1-406-683-3778

Verified November 2, 2026 · Source

Transferring Property in Beaverhead 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 Beaverhead County are recorded with the County Clerk and Recorder at 2 South Pacific Street, Suite 3, Dillon, MT 59725. Phone: 1-406-683-3720. Hours: Monday-Friday 8:00 AM-5:00 PM.

The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.

Beaverhead County accepts electronic recording through Simplifile, CSC and Indecomm.

Recording Office Record

County Clerk and Recorder

Beaverhead County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

2 South Pacific Street, Suite 3, Dillon, MT 59725

Fax

1-406-683-3781

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Beaverhead County

Montana allows informal probate, so many families settle straightforward estates in Beaverhead 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, billed hourly or as a flat fee. Ask a Beaverhead 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.

Dillon solo practice serving Beaverhead County and southwest Montana, where probate is heard in the Fifth Judicial District. Handles probate and the distribution of a decedent's assets to heirs, alongside estate planning, business formation, and transactional work. Attorney Stephanie Grover clerked for Fifth Judicial District Judge Luke Berger before entering private practice.

Solo PracticeServes 1 countyEstate PlanningProbateBusiness LawWills Trusts

Formerly 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.

Serves the whole stateEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

Over 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.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

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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

(9)·

Data sourced from Montana statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Montana

Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Montana.

How Do I Settle an Estate?

Settling an estate in Montana: the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Montana happens outside court: the trustee acts under the state's Uniform Trust CodeMCA 72-38-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysMCA §§ 72-38-813, 72-38-109, 72-38-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

In Montana, informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.

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