Probate in Prairie 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 Prairie 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
Prairie County · 7th Judicial District
Address
Phone
Fax
Hours
Mailing address: P.O. Box 125, Terry, MT 59349-0125. Part of the 7th Judicial District serving Dawson, McCone, Prairie, Richland, and Wibaux counties. No resident judge; the District Judge travels from Dawson County.
Verified July 5, 2026 · Source
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 Prairie County, probate runs through the District Court at 217 West Park Street, Terry. The court sits in the 7th Judicial District. The same 7th Judicial District also serves Dawson, McCone, 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. 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 Prairie 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 217 West Park Street, Terry. 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 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.
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.
Probate cases in Prairie County are filed at the District Court. File in person during business hours or by mail. The court sits in the 7th Judicial District.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
For a full cost comparison and filing checklist, see the Prairie County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Regular Law and Motion days are the first Thursday of each month at 2:00 PM before the presiding District Judge (who travels from Dawson County; Prairie County has no resident judge).
SourceBefore You Go
Law and Motion: first Thursday of each month at 2:00 PM in the Prairie County Courthouse courtroom.
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.
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 Prairie County are recorded with the County Clerk and Recorder, led by Clerk and Recorder Shari Robertson, at 217 Park St W, Terry, MT 59349. Phone: 406-635-5575. Hours: Monday - Friday 8:00 - 12:00 and 1:00 - 5:00.
Documents submitted by mail go to PO Box 125, Terry, MT 59349-0125.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Recording Office Record
Prairie County · Clerk and Recorder · Shari Robertson
Address
Phone
Fax
Hours
Recording fees
| Base fee (first page) | $20 |
| Each additional page | $10 |
| Transfer tax on a TOD deed | Exempt |
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 September 7, 2026 · Source
Montana allows informal probate, so many families settle straightforward estates in Prairie 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 Prairie 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.
FirmMiles City, MT
Serving eastern Montana since 1971, including Miles City, Hysham, Colstrip, Forsyth, Jordan, Terry, Sidney, Glendive, Baker, Ekalaka, and Broadus. Practice areas include real estate, business services, contracts, probates, estate planning, oil and gas, minerals, guardianships and conservatorships.
PracticesEstate PlanningGuardianshipProbate AdministrationReal Estate
FirmSidney, MT
Handles estate planning and probate from offices in Sidney and Billings, serving families across eastern Montana and western North Dakota (formerly Netzer, Krautter & Brown, P.C.). Prepares wills, trusts, and powers of attorney and guides personal representatives through estate administration, guardianship, and conservatorship. Mineral and oil-and-gas experience aids Bakken-region estates.
PracticesEstate PlanningGuardianshipBusiness FormationProbate AdministrationReal Estate
FirmMiles City, MT
One of Eastern Montana's longest-standing law firms, with roots dating back to the late 1800s as Lucas & Tonn, P.C. Now operates under the Rice & Martin name. Attorney Dan Rice also serves as County Attorney for Prairie County and City Attorney for Miles City.
PracticesEstate PlanningBusiness FormationProbate AdministrationReal Estate
FirmMissoula, MT
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.
PracticesEstate PlanningTrust AdministrationTax PlanningBusiness SuccessionProbate Administration
FirmHelena, MT
Statewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.
PracticesEstate PlanningTrust AdministrationElder LawBusiness SuccessionProbate Administration
FirmBillings, MT
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.
Data sourced from Montana statutes and official state code. How we research.
Each institution has a separate death claim process. Find yours below.
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Vehicles, jewelry, collectibles, etc.
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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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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Prairie County, Montana.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Montana attorneys handling probate matters.
