Glasgow law firm providing estate planning services including wills, trusts, powers of attorney, and property transfer. Also handles real estate, personal injury, and civil litigation. Serves northeastern Montana from the Valley County seat.
What to Do When Someone Dies in McCone County, Montana
How probate works in McCone County: the District Court record, what the process costs, and how to file there.
Probate Court Record
McCone County District Court
McCone County · 7th Judicial District
Phone
Office
1004 C Avenue, Circle, MT 59215
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalAttorneys can e-file probate cases in this court through the Montana Courts e-filing system, and no local order makes it mandatory for estates. 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 in McCone County: the first Thursday of each month at 10:00 a.m., and as needed.
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.
P.O. Box 199
Circle, MT 59215
Fax
1-406-485-3436
Departments
- District Court, Department 21-406-433-5939The office of the district court department that hears this county's cases, at 300 12th Avenue NW in Sidney. Filings go to the Clerk of District Court.
About the court
- Part of the 7th Judicial District, which also serves Dawson, Prairie, Richland and Wibaux counties; McCone and Richland counties form its Department 2, which sits in Sidney.
Verified October 16, 2026 · Source
How Probate Works in McCone 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 McCone County, probate runs through the District Court at 1004 C Avenue, Circle. The court sits in the 7th Judicial District. McCone County shares the 7th Judicial District with Dawson, 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 McCone County
What probate costs in McCone 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 1004 C Avenue, Circle. 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 McCone 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 2.
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 McCone County Self-Filing Assessment.
McCone 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 district's page on the Dawson County site 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 McCone County
In Montana a death is registered locally, and in McCone County certified copies of the death certificate are issued by McCone 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
McCone County · McCone County Clerk and Recorder
Phone
Office
1004 C Avenue, Circle, MT 59215
Website
P.O. Box 199
Circle, MT 59215
Certified copy fees
| First certified copy | $16 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
McCone County · McCone County Sheriff / Coroner
Phone
Website
Mail and offices
Fax
1-406-485-3464
Verified November 2, 2026 · Source
Transferring Property in McCone 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 McCone County are recorded with the County Clerk and Recorder at 1004 C Avenue, Circle, MT 59215. Phone: 1-406-485-3505.
Documents submitted by mail go to P.O. Box 199, Circle, MT 59215.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Recording Office Record
County Clerk and Recorder
McCone County
Phone
Office
1004 C Avenue, Circle, MT 59215
Website
P.O. Box 199
Circle, MT 59215
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 McCone County
Montana allows informal probate, so many families settle straightforward estates in McCone 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 McCone 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.
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
- McCone County District Court, official page
- McCone County Clerk and Recorder, official page
- McCone 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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