What to Do When Someone Dies in Richland County, Montana

How probate works in Richland County: the District Court record, what the process costs, and how to file there.

Probate Court Record

Richland County District Court

Richland County · 7th Judicial District

Office

300 12th Avenue Northwest, Suite 3, Sidney, MT 59270

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. A Seventh Judicial District order for Richland County has required attorneys appearing in its cases to e-file since October 31, 2022. 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 Richland County: Mondays from 8:30 a.m.

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.

Verified October 16, 2026 · Source

How Probate Works in Richland 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 Richland County, probate runs through the District Court at 300 12th Avenue Northwest, Suite 3, Sidney. The court sits in the 7th 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 Richland County

What probate costs in Richland 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 300 12th Avenue Northwest, Suite 3, Sidney. 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 cases in Richland County, Montana are filed at the District Court. The court sits in the 7th Judicial District. Richland County shares the 7th Judicial District with Dawson, McCone, Prairie and Wibaux.

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 Richland County Self-Filing Assessment.

Richland 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.

Source

Court 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.

Source

Other 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.

Source

What 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 Richland County

In Montana a death is registered locally, and in Richland County certified copies of the death certificate are issued by Richland 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

Richland County · Richland County Clerk & Recorder

Office

201 West Main, Sidney, MT 59270

Fax

1-406-433-3731

Verified November 4, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Richland County

Published contact

None published by the county. The office is created by Mont. Code Ann. § 7-4-2911(1), (2).

Verified November 4, 2026 · Source

Transferring Property in Richland 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 Richland County are recorded with the County Clerk and Recorder at 201 West Main, Sidney, MT 59270. Phone: 1-406-433-1708.

The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.

Richland County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk and Recorder

Richland County

Office

201 West Main, Sidney, MT 59270

Fax

1-406-433-3731

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Richland County

Montana allows informal probate, so many families settle straightforward estates in Richland 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 Richland 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

107 East Main Street, Sidney, MT 59270

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.

Solo PracticeServes 4 countiesEstate PlanningProbateBusiness LawOil And GasReal Estate

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.

Serves 6 countiesEstate PlanningProbateGuardianshipBusiness FormationReal Estate

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.

Serves the whole stateEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

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.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

See all 10 firms serving Richland County →

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)·

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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