What to Do When Someone Dies in Madison County, Montana
Probate in Madison County runs through the District Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Madison County, settling their estate runs through the District Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
District Court
Madison County · 5th Judicial District
Address
103 West Wallace Street, Second FloorVirginia City, MT 59755
Paper filing availableE-filing required for attorneysSelf-filing allowed
Mailing address: P.O. Box 185, Virginia City, MT 59755. Part of the 5th Judicial District serving Beaverhead, Jefferson, and Madison counties. Chief Deputy Clerk: Brooke Schandelmeier. Per Local Court Rule 3.1, all cases shall be filed using e-filing unless specifically exempted.
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 Madison County, probate runs through the District Court at 103 West Wallace Street, Second Floor, Virginia City. The court sits in the 5th Judicial District. Madison County shares the 5th Judicial District with Beaverhead and Jefferson.
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. The 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Madison County
What probate costs in Madison 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 103 West Wallace Street, Second Floor, Virginia City. The court is part of the 5th Judicial District.
Montana charges $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the District Court (https://mtefile.courts.mt.gov). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Montana are negotiated, typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Montana requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in Montana typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the District Court
If you're handling probate yourself in Madison County, Montana, you can file at the District Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 5th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Madison County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
Briefs shall not exceed 20 pages without leave of court for good cause demonstrated.
Court Appearances
Court operates on rotating schedule: Monday - Madison County, Tuesday & 1st, 2nd & 4th Thursday - Beaverhead County, Wednesday & 3rd Thursday - Jefferson County.
Service Requirements
Proper documentation demonstrating service shall accompany all documents offered for filing other than a complaint.
What to Bring
To file at the District Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Madison 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 Madison County are recorded with the County Clerk and Recorder, led by Clerk and Recorder and Election Administrator Paula McKenzie, at 103 W. Wallace St., First Floor, Virginia City, MT 59755. Phone: 406-898-4406.
Documents submitted by mail go to PO Box 366, Virginia City, MT 59755.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Recording Office Record
County Clerk and Recorder
Madison County · Clerk and Recorder and Election Administrator · Paula McKenzie
Address
103 W. Wallace St., First FloorVirginia City, MT 59755Mailing: PO Box 366, Virginia City, MT 59755
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
Montana allows informal probate, so many families settle straightforward estates in Madison 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 — typically 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Madison 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.
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.
Helena law firm providing estate planning and probate services with clarity and compassion. Also maintains an office in Anaconda. Practice areas include personal injury, family law, estate planning and probate, business law, and real estate litigation.
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.
PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 4 more
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Madison County Guides
Step-by-step tools for families in Madison County, Montana.
