What to Do When Someone Dies in Big Horn County, Montana
Probate in Big Horn 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 Big Horn 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.
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 Big Horn County, probate runs through the District Court at 121 West 3rd Street, Room 221, Hardin. The court sits in the 22nd Judicial District. Big Horn County shares the 22nd Judicial District with Carbon and Stillwater.
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 Big Horn County
What probate costs in Big Horn 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 121 West 3rd Street, Room 221, Hardin. The court is part of the 22nd 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 Big Horn 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 22nd 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
Probate proceedings heard on uncontested calendar with other matters including initial appearances, arraignments, judgments by consent or default, and matters anticipated to take less than 30 minutes.
Before You Go
Accepted payment
Cash, Check. Filing payment is cash only or checks approved by the Clerk of District Court.
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 Big Horn 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 Big Horn County are recorded with the County Clerk and Recorder, led by Clerk and Recorder Kimberly Yarlott, at 121 W. 3rd Street, Room 203, Hardin, MT 59034. Phone: 406-665-9730. Hours: Monday through Friday 8 am to 5 pm; closed holidays.
Documents submitted by mail go to P.O. Box 908, Hardin, MT 59034.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Big Horn County accepts electronic recording through CSC.
Recording Office Record
County Clerk and Recorder
Big Horn County · Clerk and Recorder · Kimberly Yarlott
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 Big Horn 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 Big Horn 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.
Billings-based estate planning firm founded in 2020, serving Yellowstone County and the surrounding Beartooth counties. Handles estate planning, asset protection and kids protection planning, plus business, agricultural, water, and real estate law. Estate and trust administration, including probate, is offered to existing clients only.
Billings estate-planning and probate firm serving Yellowstone County and clients statewide. Handles court-supervised probate administration, guardianships and conservatorships, and trust and probate litigation including will contests, alongside asset protection and agricultural-succession planning.
PracticesEstate PlanningTrust LitigationGuardianshipAsset Protectionand 2 more
Billings estate and elder-law practice serving Yellowstone County and the Thirteenth Judicial District, led by Sol Lovas, Montana's first Certified Elder Law Attorney (CELA). Handles post-death probate and trust administration, special-needs trusts, and Medicaid-eligibility work. Reduced fees are available for clients of limited means under federal poverty guidelines.
PracticesEstate PlanningElder LawSpecial Needs PlanningMedicaid Planningand 2 more
Office
2817 Second Avenue North, Suite 207Billings, MT 59101
Billings law firm helping clients create estate plans that protect assets and ensure families are provided for. Probate lawyers can help legally verify a loved one's will and guide families through the probate process. Licensed in Montana, Wyoming, North Dakota, Arizona, and California.
PracticesEstate PlanningTrust LitigationTax PlanningGuardianshipand 2 more
Billings business-and-tax firm, formerly Billstein, Monson & Small, whose estate planning, probate, and trust administration group serves clients across Montana. Handles estate administration and will contests, and advises trustees, personal representatives, and court-appointed conservators. Work skews toward business owners and ranch families with tax or succession complexity.
PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 3 more
Handles estate planning and probate from offices in Sidney and Billings, serving families across eastern Montana and western North Dakota (formerly Netzer, Krautter & Brown, P.C.). Prepares wills, trusts, and powers of attorney and guides personal representatives through estate administration, guardianship, and conservatorship. Mineral and oil-and-gas experience aids Bakken-region estates.
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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Big Horn County Guides
Step-by-step tools for families in Big Horn County, Montana.
