Northeastern Montana law firm established in 1955, serving Sheridan and Daniels counties. Provides estate planning, probate, wills, general trial practice, and oil and gas law services. Maintains a second office in Scobey.
What to Do When Someone Dies in Daniels County, Montana
How probate works in Daniels County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Daniels County District Court
Daniels County · 15th Judicial District
Phone
Office
213 Main Street, Scobey, MT 59263
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 Fifteenth Judicial District's rules make e-filing mandatory for attorneys in every case type the system takes, probate included. 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 on the second Wednesday and fourth Tuesday of the month from 9:15 a.m. in Scobey, counting from the first full week; a matter is added through the judicial assistant by noon the day 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.
P.O. Box 67
Scobey, MT 59263-0067
Fax
1-406-487-5432
About the court
- Part of the 15th Judicial District, which also serves Roosevelt and Sheridan counties. The Clerk of District Court's office also offers notarial services.
Verified October 16, 2026 · Source
How Probate Works in Daniels 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 Daniels County, probate runs through the District Court at 213 Main Street, Scobey. The court sits in the 15th Judicial District. E-filing here is required, not optional — true in only 19 Montana counties.
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 Daniels County
What probate costs in Daniels 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 213 Main Street, Scobey. The court is part of the 15th 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 Daniels County, Montana are filed at the District Court. The court sits in the 15th Judicial District. The same 15th Judicial District also serves Roosevelt and Sheridan.
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 Daniels County Self-Filing Assessment.
Daniels 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 may be filed by mail or sent electronically as PDFs; an electronic filing received after 5:00 p.m. is filed the next business day.
The Clerk files no document without its necessary signatures, and an email to the judge or the judicial assistant is not a filing. A filer who has sent papers electronically has agreed to receive the Clerk's copies the same way.
SourceDocument Requirements
A personal representative's statement to close an estate is not a motion and needs no proposed order.
SourceCourt Appearances
Law and motion in Scobey is held on the second Wednesday and the fourth Tuesday of the month from 9:15 a.m., counting weeks from the first full week of the month.
A matter is added to a scheduled calendar through the judge's judicial assistant by noon the day before, with a proposed order setting the hearing. The clerk's calendar is a courtesy; the court's orders control when a matter is heard.
SourceRecords Access
An estate not closed two years after it was filed draws a notice from the Clerk to the attorney of record.
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 Daniels County
In Montana a death is registered locally, and in Daniels County certified copies of the death certificate are issued by Daniels 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
Daniels County · Daniels County Clerk and Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except all legal holidays)
Office
213 Main Street, Scobey, MT 59263
Website
P.O. Box 247
Scobey, MT 59263
Fax
1-406-487-5583
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Daniels County · Daniels County Sheriff & Coroner
Verified November 2, 2026 · Source
Transferring Property in Daniels 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 Daniels County are recorded with the County Clerk and Recorder at 213 Main Street, Scobey, MT 59263. Phone: 1-406-487-5561. Hours: Monday-Friday 8:00 AM-5:00 PM (except all legal holidays).
Documents submitted by mail go to P.O. Box 247, Scobey, MT 59263.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Recording Office Record
County Clerk and Recorder
Daniels County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except all legal holidays)
Office
213 Main Street, Scobey, MT 59263
Website
P.O. Box 247
Scobey, MT 59263
Fax
1-406-487-5583
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 Daniels County
Montana allows informal probate, so many families settle straightforward estates in Daniels 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 Daniels 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.
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.
Statewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.
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.
Provides legal assistance with wills, probate, and estate planning. Serves clients throughout Montana from Libby to Havre to Bozeman to Billings.
Serves western and central Montana from Missoula (Missoula County, Fourth Judicial District), handling probate administration, will and trust drafting, and estate settlement alongside its insurance-litigation practice. Attorneys guide personal representatives through asset inventory, creditor notice, and distribution. Free consultations available; the firm also maintains an Arizona office.
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
- Daniels County District Court, official page
- Daniels County Clerk and Recorder, official page
- Daniels 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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