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.
What to Do When Someone Dies in Carbon County, Montana
How probate works in Carbon County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Carbon County District Court
Carbon County · 22nd Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
102 Broadway Avenue North, Red Lodge, MT 59068
Website
E-filing
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 Twenty-Second Judicial District's Rule 30 makes e-filing mandatory for attorneys in all cases in the district's counties that have adopted it, and this court takes probate e-filings. 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
- Law and motion is scheduled about twice a month in each county of the district; the clerk gives the dates, and a matter goes on the calendar by noon on the business day before. The weekly calendar is on the District Court Public Access Portal under Carbon District Court.
Self-help center
- Yellowstone County Self-Help Law Center, 216 North 29th Street, Billings, MT 591011-406-869-3531 · yellowstonecountyselfhelp@mt.gov · Monday, Tuesday, Thursday 9:00 AM-1:00 PM and 2:00 PM-4:00 PM (by appointment)The Montana courts' Self-Help Law Program serves this county from its Billings center, which sees people in person by appointment only (book by email) and takes remote requests by phone and email. 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.
P.O. Box 948
Red Lodge, MT 59068
Departments
- Court Administrator1-406-322-5406The district's Court Administrator in Columbus schedules contested matters and anything longer than 30 minutes, and receives the courtesy copy of every filing.
About the court
- Part of the 22nd Judicial District, which also serves Big Horn and Stillwater counties; the district judge sits in Columbus. The clerk's office keeps the county's probate records and provides searches and copies on written request with payment.
Verified October 16, 2026 · Source
How Probate Works in Carbon 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 Carbon County, probate runs through the District Court at 102 Broadway Avenue North, Red Lodge. The court sits in the 22nd 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 Carbon County
What probate costs in Carbon 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 102 Broadway Avenue North, Red Lodge. 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 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 Carbon County, Montana are filed at the District Court. The court sits in the 22nd Judicial District. Carbon County shares the 22nd Judicial District with Big Horn and Stillwater.
Beside the filing office, the court lists a separate line for Court Administrator.
The Montana courts' Self-Help Law Program serves this county from its Billings center, which sees people in person by appointment only (book by email) and takes remote requests by phone and email. 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 Carbon County Self-Filing Assessment.
Carbon 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
Papers cannot be filed by fax in this county because it uses e-filing, and a courtesy copy of every filing goes to the Court Administrator at the same time.
SourceCourt Appearances
Probate proceedings are routine matters heard on law and motion days, set through the Clerk of District Court by noon on the business day before.
A matter that becomes contested is postponed and rescheduled; contested matters and anything over 30 minutes are scheduled through the Court Administrator.
SourceA request to appear remotely by Zoom or phone is made by motion at least 48 hours before the hearing, saying whether it is opposed.
SourceOther Requirements
Ninety days before an estate has been open two years, the clerk notifies the attorney of record that the unfinished estate will go to the court.
SourceWhat 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 Carbon County
In Montana a death is registered locally, and in Carbon County certified copies of the death certificate are issued by Carbon 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
Carbon County · Carbon County Clerk and Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except legal holidays)
Office
17 West 11th Street, Red Lodge, MT 59068
Website
P.O. Box 887
Red Lodge, MT 59068
Fax
1-406-446-2640
Certified copy fees
| First certified copy | $7 |
Mont. Code Ann. § 7-4-2631(1)(l)
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Carbon County · Carbon County Sheriff's/Coroner's Office
Mail and offices
Fax
1-406-446-1239
Verified November 2, 2026 · Source
Transferring Property in Carbon 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 Carbon County are recorded with the County Clerk and Recorder at 17 West 11th Street, Red Lodge, MT 59068. Phone: 1-406-446-1220. Hours: Monday-Friday 8:00 AM-5:00 PM (except legal holidays).
Documents submitted by mail go to P.O. Box 887, Red Lodge, MT 59068.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Carbon County accepts electronic recording through Simplifile and CSC.
Recording Office Record
County Clerk and Recorder
Carbon County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except legal holidays)
Office
17 West 11th Street, Red Lodge, MT 59068
Website
E-recording
P.O. Box 887
Red Lodge, MT 59068
Fax
1-406-446-2640
Recording fees
| Base fee (first page) | $20 |
| Each additional page | $10 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
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
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Carbon County
Montana allows informal probate, so many families settle straightforward estates in Carbon 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 Carbon 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 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.
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.
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.
Boutique Billings law firm devoted exclusively to estate planning and elder law. Helps families protect their assets and loved ones from the legal impacts of incapacity, death, and taxes. Services include living trusts, wills, probate, trust administration, powers of attorney, irrevocable trusts, family limited partnerships, and charitable giving.
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.
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)·
- MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317
- MCA § 72-3-201
- MCA § 72-3-631 (reasonable compensation; no statutory percentage)
- MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807
- 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)
- 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
- Carbon County District Court, official page
- Carbon County Clerk and Recorder, official page
- Carbon County vital records and death investigation offices, official page
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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