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 Park County, Montana
How probate works in Park County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Park County District Court
Park County · 6th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
414 East Callender Street, Room 106, Livingston, MT 59047
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 is held every Monday in Livingston: criminal matters at 9:00 a.m., then adoption, probate and other civil matters at 10:30 a.m. When Monday is a holiday, it moves to the next working day.
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.
P.O. Box 437
Livingston, MT 59047
Fax
1-406-222-4128
About the court
- Part of the 6th Judicial District, which also serves Sweet Grass County. The office is upstairs in the City-County Complex, Room 106. The clerk's office cannot give legal advice.
Verified October 16, 2026 · Source
How Probate Works in Park 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 Park County, probate runs through the District Court at 414 East Callender Street, Room 106, Livingston. The court sits in the 6th Judicial District. The same 6th Judicial District also serves Sweet Grass.
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 Park County
What probate costs in Park 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 414 East Callender Street, Room 106, Livingston. The court is part of the 6th Judicial District.
Procedures at this court that affect cost: The court does not fix the attorney fee in an informal probate unless the attorney and the personal representative disagree.
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 Park 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 6th Judicial District.
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 Park County Self-Filing Assessment.
Park 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
Probate papers are filed with the clerk by mail or in person; when needed they may be emailed as a PDF to parkdcc@mt.gov or faxed to 406-222-4128.
Emailed or faxed papers must be signed and dated, and the filing fee is still due. The clerk's office asks that the original of a faxed paper reach it within two to five business days or the fax is unfiled.
SourceCourt Appearances
Probate proceedings are heard on the Monday law and motion calendar, called at 10:30 a.m. with adoption and other civil matters.
A probate matter that turns contested is postponed and set on the contested calendar.
SourceNo personal appearance is required in an informal probate where the documents are complete and no interested person objects.
SourceOther Requirements
An estate still open two years after filing gets a clerk's notice: within 90 days the personal representative closes it or files a status report saying why it cannot yet close.
Without either, the file goes to the judge and the court sets 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 Park County
In Montana a death is registered locally, and in Park County certified copies of the death certificate are issued by Park County Clerk & 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
Park County · Park County Clerk & Recorder
Phone
Office
414 East Callender Street, Livingston, MT 59047
Website
Fees
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Park County · Park County Coroner
Website
Verified November 2, 2026 · Source
Transferring Property in Park 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 Park County are recorded with the County Clerk and Recorder at 414 East Callender Street, Livingston, MT 59047. Phone: 1-406-222-4110.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Park County accepts electronic recording through Simplifile, ePN, Indecomm and CSC.
Recording Office Record
County Clerk and Recorder
Park County
Phone
Office
414 East Callender Street, Livingston, MT 59047
Website
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 Park County
Montana allows informal probate, so many families settle straightforward estates in Park 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 Park 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.
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.
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
- Park County District Court, official page
- Park County Clerk and Recorder, official page
- Park 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.
Get the Answer
Hire a Montana Probate Attorney
Browse vetted Montana attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
