Havre law firm serving the Hi-Line region of Montana since 2017. Provides corporate and business planning, wills and estate planning, probates, real estate transactions, and civil litigation services. Serves Montana from the Hi-Line to Missoula and beyond.
What to Do When Someone Dies in Liberty County, Montana
How probate works in Liberty County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Liberty County District Court
Liberty County · 12th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
111 1st Street East, Chester, MT 59522
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 Twelfth Judicial District's rules require attorneys to file all documents through the e-filing system once it is available, 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 day on the third Wednesday of each month in Chester, except holidays.
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 549
Chester, MT 59522-0549
Fax
1-406-759-5996
About the court
- Part of the 12th Judicial District, which also serves Chouteau and Hill counties. The Clerk of District Court handles the papers that attorneys and self-represented filers file in probate cases; its staff cannot give legal advice.
Verified October 16, 2026 · Source
How Probate Works in Liberty 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 Liberty County, probate runs through the District Court at 111 1st Street East, Chester. The court sits in the 12th Judicial District. It is one of 19 Montana counties where probate e-filing is mandatory rather than optional.
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 Liberty County
What probate costs in Liberty 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 111 1st Street East, Chester. The court is part of the 12th 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 Liberty County, Montana are filed at the District Court. The court sits in the 12th Judicial District. Liberty County shares the 12th Judicial District with Chouteau and Hill.
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 Liberty County Self-Filing Assessment.
Liberty 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 that cannot be e-filed may be filed with the Clerk of District Court by email or by fax, which the court prefers to mail.
An emailed or faxed filing needs every signature and the proof and method of service, or the Clerk will not file it, and no paper original is needed afterward. The filing fee is still due as the Clerk requires.
SourceDocument Requirements
A petition to probate a will has a copy of the will attached, unless the original is already on file with the Clerk.
SourceCourt Appearances
Law and motion day in Chester falls on the third Wednesday of each month, except holidays.
The court may hear law and motion matters anywhere in the district and may add days when its business requires.
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 Liberty County
In Montana a death is registered locally, and in Liberty County certified copies of the death certificate are issued by Liberty 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
Liberty County · Liberty County Clerk and Recorder
Phone
Office
111 1st Street East, Chester, MT 59522
Website
P.O. Box 459
Chester, MT 59522
Local rule
- The office issues certified copies of deaths anywhere in Montana from 2003 on.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Liberty County · Liberty County Sheriff's Office
Verified November 2, 2026 · Source
Transferring Property in Liberty 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 Liberty County are recorded with the County Clerk and Recorder at 111 1st Street East, Chester, MT 59522. Phone: 1-406-759-5365.
Documents submitted by mail go to P.O. Box 459, Chester, MT 59522.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Recording Office Record
County Clerk and Recorder
Liberty County
Phone
Office
111 1st Street East, Chester, MT 59522
Website
P.O. Box 459
Chester, MT 59522
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 Liberty County
Montana allows informal probate, so many families settle straightforward estates in Liberty 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 Liberty 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.
Founded in 2000, serves clients across north-central Montana including Chester, Conrad, Cut Bank, Browning, Valier, Havre, and Great Falls. Attorney Bill Hunt is a certified mediator through the Montana Center for Collaborative Solutions and serves as attorney for the Town of Chester.
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.
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
- Liberty County District Court, official page
- Liberty County Clerk and Recorder, official page
- Liberty 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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