Local Butte-Silver Bow attorney focusing on estate planning, probate, trust administration, guardianship, small business, family law, real estate law, and tax delinquency. Serves the everyday people of Butte-Silver Bow and surrounding communities.
What to Do When Someone Dies in Silver Bow County, Montana
How probate works in Silver Bow County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Silver Bow County District Court
Silver Bow County · 2nd Judicial District
Phone
Office
155 West Granite Street, Room 313, Butte, MT 59701
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
- In Department No. I, Tuesday is probate day; uncontested matters and probate proceedings are heard on law and motion days, which begin at 9:00 a.m.
Self-help center
- State Law Library Self-Help Law Center, Mazurek Justice Building, 215 North Sanders Street, Helena, MT 596011-406-444-9300 · statelawlibraryselfhelp@mt.gov · Monday-Friday 8:30 AM-5:00 PMThe Montana courts' Self-Help Law Program serves this county from its Helena center in the State Law Library. 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.
Fax
1-406-497-6358
About the court
- Silver Bow County makes up the whole 2nd Judicial District, which has two departments. The clerk's office is in Room 313 of the courthouse.
Verified October 16, 2026 · Source
How Probate Works in Silver Bow 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 Silver Bow County, probate runs through the District Court at 155 West Granite Street, Room 313, Butte. The court sits in the 2nd Judicial District.
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 Silver Bow County
What probate costs in Silver Bow 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 155 West Granite Street, Room 313, Butte. The court is part of the 2nd Judicial District.
Procedures at this court that affect cost: The court does not fix attorney's fees in a probate case except on motion and hearing.
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 Silver Bow 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 2nd Judicial District.
The Montana courts' Self-Help Law Program serves this county from its Helena center in the State Law Library. 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 Silver Bow County Self-Filing Assessment.
Silver Bow 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
Cases, probate included, are split between the two departments by case number: odd numbers to Department No. I, even numbers to Department No. II.
SourceCourt Appearances
Hearing dates are cleared with the assigned judge's court assistant before a hearing is set.
After the court assistant confirms a date and time, a written order for the judge's signature is submitted.
SourceOther Requirements
For an estate still open after two years, the clerk notifies the attorney of record 90 days before the two-year mark.
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 Silver Bow County
In Montana a death is registered locally, and in Silver Bow County certified copies of the death certificate are issued by Butte-Silver Bow 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
Silver Bow County · Butte-Silver Bow Clerk & Recorder
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
155 West Granite Street, Room 208, Butte, MT 59701
Website
Certified copies
At the counter
Fax
1-406-497-6334
Local rule
- The office issues certified copies of deaths anywhere in Montana from 2003 on, by mail or in person, with proof of identification. An earlier Butte-Silver Bow death is obtained through the Butte Archives.
Certified copy fees
| First certified copy | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Silver Bow County · Butte-Silver Bow Coroner
Phone
Office
600 Gilman Avenue, Building B, Room 139, Butte, MT 59701
Website
Mail and offices
Fax
1-406-692-3682
Verified November 2, 2026 · Source
Transferring Property in Silver Bow 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 Silver Bow County are recorded with the County Clerk and Recorder at 155 West Granite Street, Room 208, Butte, MT 59701. Phone: 1-406-497-6335. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Silver Bow County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk and Recorder
Silver Bow County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
155 West Granite Street, Room 208, Butte, MT 59701
Website
E-recording
Fax
1-406-497-6334
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 Silver Bow County
Montana allows informal probate, so many families settle straightforward estates in Silver Bow 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 Silver Bow 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.
Anaconda law firm serving Butte, Deer Lodge, Philipsburg, and surrounding southwest Montana communities. Estate planning practice covers wills, trusts, and powers of attorney. Also handles personal injury, workers' compensation, and Social Security Disability matters.
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.
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
- Silver Bow County District Court, official page
- Silver Bow County Clerk and Recorder, official page
- Silver Bow 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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