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What to Do When Someone Dies in Fergus County, Montana
How probate works in Fergus County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Fergus County District Court
Fergus County · 10th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
712 West Main Street, Suite 303, Lewistown, MT 59457
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 Tenth Judicial District's rules make e-filing mandatory for attorneys in every case type the system takes, and probate is enabled here. 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 for the whole district is held at the Fergus County Courthouse in Lewistown: uncontested civil matters, which include routine probate, on Monday mornings and substantive matters on Monday afternoons.
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.
Fax
1-406-535-6076
About the court
- Part of the 10th Judicial District, which also serves Judith Basin and Petroleum counties, and the district's law and motion days are held in this courthouse. The clerk's hearing calendar is on the District Court Public Access Portal under the scheduling tab.
Verified October 16, 2026 · Source
How Probate Works in Fergus 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 Fergus County, probate runs through the District Court at 712 West Main Street, Suite 303, Lewistown. The court sits in the 10th 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 Fergus County
What probate costs in Fergus 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 712 West Main Street, Suite 303, Lewistown. The court is part of the 10th 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 Fergus County, Montana are filed at the District Court. The court sits in the 10th Judicial District. The same 10th Judicial District also serves Judith Basin and Petroleum.
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 Fergus County Self-Filing Assessment.
Fergus 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
In an uncontested matter, the proposed findings, conclusions and order are filed with the clerk at least 48 hours before the hearing.
SourceCourt Appearances
Routine probate proceedings are heard on the uncontested civil law and motion calendar on Monday mornings in Lewistown.
Matters are called together and may be heard in a different order than the clerk's calendar shows. A matter that becomes contested is postponed and rescheduled, and the court must be told in writing.
SourceThe judge generally sits by video from Lewistown; a request to appear by Zoom is filed at least two business days before the hearing.
Parties must appear in person at any substantive hearing or one with testimony or documents, and a contested hearing is in person unless the court allows otherwise.
SourceOther Requirements
An estate still open two years after filing gets a notice: within 90 days the personal representative closes it or files a status report with the estimated time left to close.
Without either, the file goes to the judge, who may set a show cause hearing.
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 Fergus County
In Montana a death is registered locally, and in Fergus County certified copies of the death certificate are issued by Fergus 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
Fergus County · Fergus County Clerk and Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
712 West Main Street, Suite 204, Lewistown, MT 59457
Website
Order online
Local rule
- The office issues certified copies of deaths anywhere in Montana from 2003 on, and its own records of Fergus County deaths may date back to the late 1800s.
Certified copy fees
| First certified copy | $16 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Fergus County · Fergus County Sheriff/Coroner's Office
Mail and offices
Fax
1-406-535-3860
Verified November 2, 2026 · Source
Transferring Property in Fergus 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 Fergus County are recorded with the County Clerk and Recorder at 712 West Main Street, Suite 204, Lewistown, MT 59457. Phone: 1-406-535-5242. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Fergus County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
County Clerk and Recorder
Fergus County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
712 West Main Street, Suite 204, Lewistown, MT 59457
Website
E-recording
Fees
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 Fergus County
Montana allows informal probate, so many families settle straightforward estates in Fergus 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 Fergus 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.
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.
Missoula elder-law practice handling probate and estate administration to transfer property and assets after death. Serves clients throughout Montana, including Billings, Bozeman, Great Falls, Helena, Kalispell, and Missoula, with offices in Great Falls, Kalispell, Missoula, and Helena. Also covers estate planning, Medicaid planning, and guardianship.
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
- Fergus County District Court, official page
- Fergus County Clerk and Recorder, official page
- Fergus 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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