Serving eastern Montana since 1971, including Miles City, Hysham, Colstrip, Forsyth, Jordan, Terry, Sidney, Glendive, Baker, Ekalaka, and Broadus. Practice areas include real estate, business services, contracts, probates, estate planning, oil and gas, minerals, guardianships and conservatorships.
What to Do When Someone Dies in Dawson County, Montana
How probate works in Dawson County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Dawson County District Court
Dawson County · 7th Judicial District
Phone
Office
Website
E-filing
Self-represented filing
Self-help forms
E-filing
Self-represented filing
Hearing schedule
- Law and Motion in Dawson County: every Tuesday beginning at 9:00 a.m.
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.
Departments
- District Court, Department 11-406-377-2666The district court's office in the courthouse takes general, non-legal questions about an upcoming matter. Filings go to the Clerk of District Court.
About the court
- Part of the 7th Judicial District, which also serves McCone, Prairie, Richland and Wibaux counties; Dawson, Prairie and Wibaux counties form its Department 1, which sits in Glendive. A small legal library across from the Clerk of Court's office in the courthouse holds forms and pamphlets.
Verified October 16, 2026 · Source
How Probate Works in Dawson 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 Dawson County, probate runs through the District Court at 207 West Bell Street, Glendive. The court sits in the 7th Judicial District. The same 7th Judicial District also serves McCone, Prairie, Richland and Wibaux.
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 Dawson County
What probate costs in Dawson 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 207 West Bell Street, Glendive. The court is part of the 7th 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 Dawson 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 7th Judicial District.
Beside the filing office, the court lists a separate line for District Court, Department 1.
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 Dawson County Self-Filing Assessment.
Dawson 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
Documents can be filed with the Clerk of Court by mail, fax or email, and a fax or email received after 5:00 p.m. is filed the next business day.
Whoever faxes or emails a document mails the original signed document to the Clerk by first-class mail the same day, and it can be struck if it does not arrive within five days. An email to the judge or judicial assistant is not a filing, and filed papers are not stapled.
SourceCourt Appearances
A matter is added to a Law and Motion calendar by asking the judicial assistant by noon the day before the hearing, with a copy of the request to the Clerk of Court and a proposed order setting the hearing.
The Dawson County court page gives 5:00 p.m. the day before, with the Clerk of Court.
SourceOther Requirements
The Clerk of Court notifies the attorney of record 90 days before an estate that has not been closed reaches two years from its opening filing.
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 Dawson County
In Montana a death is registered locally, and in Dawson County certified copies of the death certificate are issued by Dawson 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
Dawson County · Dawson County Clerk and Recorder
Phone
Hours
Office
Website
Fax
Local rule
- The office holds birth and death records back to 1885. The application is signed before a notary or carries a copy of a photo identification.
Certified copy fees
| First certified copy | $16 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Dawson County · Dawson County Coroner
Phone
Website
Verified November 2, 2026 · Source
Transferring Property in Dawson 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 Dawson County are recorded with the County Clerk and Recorder at 207 West Bell Street, Glendive, MT 59330. Phone: 1-406-377-3058. Hours: 8:00 AM-5:00 PM.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Dawson County accepts electronic recording through Simplifile and CSC.
Recording Office Record
County Clerk and Recorder
Dawson County
Phone
Hours
Office
Website
E-recording
Fax
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 Dawson County
Montana allows informal probate, so many families settle straightforward estates in Dawson 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 Dawson 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.
Lyle R. Panasuk Attorney at Law
Sidney sole practitioner serving eastern Montana and western North Dakota. Practice covers estate planning, probate, real estate transactions, oil and gas, business organization, and general practice. Licensed in Montana since 1991 and North Dakota since 1992.
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.
One of Eastern Montana's longest-standing law firms, with roots dating back to the late 1800s as Lucas & Tonn, P.C. Now operates under the Rice & Martin name. Attorney Dan Rice also serves as County Attorney for Prairie County and City Attorney for Miles City.
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.
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
- Dawson County District Court, official page
- Dawson County Clerk and Recorder, official page
- Dawson 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.
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.
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.
Hire a Montana Probate Attorney
Browse vetted Montana attorneys handling probate matters.
Notify Banks & Financial Institutions
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