What to Do When Someone Dies in Cascade County, Montana

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

Probate Court Record

Cascade County District Court

Cascade County · 8th Judicial District

Hours

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

Office

415 2nd Avenue North, Great Falls, MT 59401

E-filing

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalAttorneys can e-file probate cases in this court through the Montana Courts e-filing system, and no local order makes it mandatory for estates. 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

  • Uncontested calendar, which hears probate proceedings: Wednesdays at 9:00 a.m., with written requests to the Clerk due by noon the Tuesday before.

Self-help center

  • Cascade County Self-Help Law Center, Great Falls Public Library, 3rd Floor, 301 2nd Avenue North, Great Falls, MT 594011-406-899-7109 · cascadecountyselfhelp@mt.gov · Monday-Thursday 9:00 AM-3:00 PMThe Montana courts' Self-Help Law Program serves this county from its Great Falls center in the public library, with remote help 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.

Verified October 16, 2026 · Source

How Probate Works in Cascade 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 Cascade County, probate runs through the District Court at 415 2nd Avenue North, Great Falls. The court sits in the 8th Judicial District.

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 Cascade County

What probate costs in Cascade 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 415 2nd Avenue North, Great Falls. The court is part of the 8th 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 documents in Cascade 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 8th Judicial District.

The Montana courts' Self-Help Law Program serves this county from its Great Falls center in the public library, with remote help 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 Cascade County Self-Filing Assessment.

Cascade 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 filer without a lawyer files in person with the original documents; the office takes no filings by fax or email.

Source

The filing fee must come with the papers, or the Clerk will not file them.

The first page of each filing names the person responsible for it, with a mailing address, phone number and email address, single-spaced in the upper left corner.

Source

Court Appearances

Probate proceedings are heard on the uncontested calendar, Wednesdays at 9:00 a.m.

A written request to the Clerk to place the matter on the calendar is due by noon on the Tuesday before, and a self-represented party lodges a complete proposed order by the same day. A matter that turns contested is moved to the assigned department's contested calendar.

Source

Records Access

An original will filed with the Clerk cannot be taken out of the office.

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 Cascade County

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

Vital Records Office Record

County Clerk and Recorder

Cascade County · Cascade County Clerk & Recorder's Office

Hours

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

Office

121 4th Street North, Number 1B-1, Great Falls, MT 59401

Certified copies

At the counter

Mail

P.O. Box 2867 Great Falls, MT 59403

Fax

1-406-454-6703

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Sheriff-Coroner

Cascade County · Cascade County Sheriff's Office

Office

3800 Ulm North Frontage Road, Great Falls, MT 59404

Mail and offices

Fax

1-406-454-6948

Verified November 2, 2026 · Source

Transferring Property in Cascade 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 Cascade County are recorded with the County Clerk and Recorder at 121 4th Street North, Number 1B-1, Great Falls, MT 59401. Phone: 1-406-454-6801. Hours: Monday-Friday 8:00 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 2867, Great Falls, MT 59403.

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

Cascade County accepts electronic recording through Simplifile and CSC.

Recording Office Record

County Clerk and Recorder

Cascade County

Hours

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

Office

121 4th Street North, Number 1B-1, Great Falls, MT 59401

Mail

P.O. Box 2867 Great Falls, MT 59403

Fax

1-406-454-6703

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Cascade County

Montana allows informal probate, so many families settle straightforward estates in Cascade 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 Cascade 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.

FirmGreat Falls, MT

Jardine, Stephenson, Blewett & Weaver, P.C.

Since 1911 · Serves 5 counties

Serves Great Falls and north-central Montana (Cascade County, Eighth Judicial District) from its offices on Central Avenue, handling estate planning, wills, and probate administration for personal representatives. Attorneys pair estate work with business, transition, and gift-tax planning. One of Montana's oldest firms, founded in 1911.

PracticesEstate PlanningProbateBusiness Succession

Office
300 Central Avenue, 7th FloorGreat Falls, MT 59401

FirmGreat Falls, MT

Marra, Evenson & Levine, P.C.

Serves 4 counties

Great Falls general civil practice firm providing estate planning, probate, property law, and litigation services. Attorney William J. Levine focuses on property law, probate, estate planning, and family law.

PracticesEstate PlanningProbateReal Estate

Office
2 Railroad Square, Suite CGreat Falls, MT 59401

FirmGreat Falls, MT

Montana Estate Lawyers, P.C.

Serves 4 counties

Great Falls law firm operating as Montana Estate Lawyers, focused on estate planning, estate administration, elder law, and business law. Dedicated practice helping Montana families with their estate planning needs.

PracticesEstate PlanningProbateElder LawGuardianshipWills Trusts

Office
8 3rd St North, Suite 507Great Falls, MT 59401

FirmMissoula, MT

BJM Law PLLC

Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

Office
2809 Great Northern Loop, Suite 100Missoula, MT 59808

FirmHelena, MT

Browning, Kaleczyc, Berry & Hoven, P.C.

Serves the whole state

Statewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.

PracticesEstate PlanningTrust AdministrationProbateElder LawBusiness Succession

Office
800 N Last Chance Gulch, Suite 101Helena, MT 59601

FirmBillings, MT

Crowley Fleck PLLP

Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
490 N 31st St, Suite 500Billings, MT 59101
See all 11 firms serving Cascade County →

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.

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Legal Sources

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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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