Bozeman firm serving estate and probate clients throughout the Gallatin Valley. Guides personal representatives and trustees through Montana probate and post-death trust administration, from asset inventory to distribution to beneficiaries. The practice ranges from simple wills and living trusts to tax-driven and asset-protection planning.
What to Do When Someone Dies in Gallatin County, Montana
How probate works in Gallatin County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Gallatin County District Court
Gallatin County · 18th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
515 South 16th Avenue, Room 1041, Bozeman, MT 59715
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. An Eighteenth Judicial District order has made e-filing mandatory for attorneys in all cases since March 17, 2023. 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.
Accepted payment
- At the counterCash, Check, Money order, Credit card, Debit card.The Clerk of District Court takes cash, credit or debit cards, checks and money orders. Checks and money orders are made payable to "Clerk of District Court."
Self-help center
- Gallatin County Self-Help Law Center, Gallatin County Justice Center, 515 South 16th Avenue, Bozeman, MT 597151-406-582-2158 · gallatincountyselfhelp@mt.gov · Monday-Friday 8:00 AM-4:30 PMThe Montana courts' Self-Help Law Program serves this county from its Bozeman center. 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
1-406-582-2176
Departments
- Records and copiesgallatindcrecords@mt.govRequests for copies of court documents go to this mailbox.
About the court
- Gallatin County is the whole 18th Judicial District, and the clerk's office is in the Gallatin County Justice Center. The office keeps no probate templates; the State Law Library's forms include the small-estate affidavit, which the office also sells in paper. Case records from 2012 on are searchable on the District Court Public Access Portal.
Verified October 16, 2026 · Source
How Probate Works in Gallatin 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 Gallatin County, probate runs through the District Court at 515 South 16th Avenue, Room 1041, Bozeman. The court sits in the 18th 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 Gallatin County
What probate costs in Gallatin 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 515 South 16th Avenue, Room 1041, Bozeman. The court is part of the 18th 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 Gallatin County, Montana are filed at the District Court. The court sits in the 18th Judicial District.
Beside the filing office, the court lists a separate line for Records and copies.
The Montana courts' Self-Help Law Program serves this county from its Bozeman center. 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 Gallatin County Self-Filing Assessment.
Gallatin 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 self-represented filer may file by email to GallatinDCFilings@mt.gov, or on paper by mail or hand delivery.
Each document goes as its own PDF named with the case number and document title, with the case number and case title in the email subject line; otherwise the filing may be rejected.
SourceA new case is assigned at random to one of the four departments, and the case number ends in that department's letter (A to D).
SourceAn uncontested motion says so in its caption and text and comes with a proposed order; otherwise it is treated as contested.
SourceCourt Appearances
A request to appear by video is made by motion at least 24 hours before the hearing, stating whether it is opposed.
The requesting party arranges the video appearance with the judicial assistant of the department. A motion asking for a hearing states the number of witnesses and the time needed, and the court sets a time limit.
SourceRecords Access
A person may deposit a will with the clerk for safekeeping at no charge; it is released only on a judge's order.
The judge needs proof of identity or a death certificate to release it.
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 Gallatin County
In Montana a death is registered locally, and in Gallatin County certified copies of the death certificate are issued by Gallatin 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
Gallatin County · Gallatin County Clerk and Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
311 West Main Street, Room 203, Bozeman, MT 59715
Website
Order online
Fax
1-406-582-3196
Local rule
- A mail request carries a copy of both sides of a photo identification. Online orders are paid by card, and delivery by UPS costs extra.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Gallatin County · Gallatin County Coroner Division
Phone
1-406-582-2100 (option 2)
Office
677 Laura Louise Lane, Bozeman, MT
Website
Cremation authorization
Signed by this office
Verified November 2, 2026 · Source
Transferring Property in Gallatin 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 Gallatin County are recorded with the County Clerk and Recorder at 311 West Main Street, Room 203, Bozeman, MT 59715. Phone: 1-406-582-3050. 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.
Gallatin County accepts electronic recording through ePN, CSC, Indecomm, Simplifile and Hopdox.
Recording Office Record
County Clerk and Recorder
Gallatin County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
311 West Main Street, Room 203, Bozeman, MT 59715
Website
Fax
1-406-582-3196
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 Gallatin County
Montana allows informal probate, so many families settle straightforward estates in Gallatin 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 Gallatin 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.
Established in 1954, this Livingston firm provides estate planning, probate, trusts and estates, real estate, banking, business law, and agricultural law services to Park County and surrounding areas. Received the highest rating through Martindale-Hubbell.
Downtown Bozeman firm, formerly Angel, Coil & Bartlett, counseling clients on wills, trusts, estate planning, and asset protection. Also handles estate administration and estate and trust litigation. Serves Southwest Montana including Bozeman, Big Sky, Big Timber, Ennis, Livingston, Gardiner, and Three Forks.
Founded in the 1980s in Bozeman, providing timely, competent, and practical legal advice to individuals and business owners in real estate, business, and probate law. Prepares deeds, wills, powers of attorney, and other estate planning documents.
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
- Gallatin County District Court, official page
- Gallatin County Clerk and Recorder, official page
- Gallatin 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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