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.
What to Do When Someone Dies in Wibaux County, Montana
How probate works in Wibaux County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Wibaux County District Court
Wibaux County · 7th Judicial District
Phone
Office
203 South Wibaux Street, Wibaux, MT 59353
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 Wibaux County: as needed.
Self-help center
- Self-Help Law Station, Clerk of District Court, 203 South Wibaux Street, Wibaux, MT 593531-406-796-2484A self-help law station at the Clerk of District Court's office holds forms and information for people representing themselves in civil cases. The Montana courts' Self-Help Law Program also serves the county from its Billings center, by appointment and remotely.
P.O. Box 292
Wibaux, MT 59353
Departments
- District Court, Department 11-406-377-2666The office of the district court department that hears this county's cases, at 207 West Bell Street in Glendive. Filings go to the Clerk of District Court.
About the court
- Part of the 7th Judicial District, which also serves Dawson, McCone, Prairie and Richland counties; Wibaux County is in its Department 1, which sits in Glendive and holds Law and Motion here as needed.
Verified October 16, 2026 · Source
How Probate Works in Wibaux 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 Wibaux County, probate runs through the District Court at 203 South Wibaux Street, Wibaux. The court sits in the 7th Judicial District. The same 7th Judicial District also serves Dawson, McCone, Prairie and Richland.
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 Wibaux County
What probate costs in Wibaux 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 203 South Wibaux Street, Wibaux. 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 Wibaux 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 1.
A self-help law station at the Clerk of District Court's office holds forms and information for people representing themselves in civil cases. The Montana courts' Self-Help Law Program also serves the county from its Billings center, by appointment and remotely.
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 Wibaux County Self-Filing Assessment.
Wibaux 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 Wibaux County
In Montana a death is registered locally, and in Wibaux County certified copies of the death certificate are issued by Wibaux 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
Wibaux County · Wibaux County Clerk and Recorder
Phone
Office
203 Wibaux Street South, Wibaux, MT 59353
P.O. Box 199
Wibaux, MT 59353
Fax
1-406-796-2625
Certified copy fees
| First certified copy | $16 |
Verified November 4, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Wibaux 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 Wibaux 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 Wibaux County are recorded with the County Clerk and Recorder at 203 Wibaux Street South, Wibaux, MT 59353. Phone: 1-406-796-2481.
Documents submitted by mail go to P.O. Box 199, Wibaux, MT 59353.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Wibaux County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk and Recorder
Wibaux County
Phone
Office
203 Wibaux Street South, Wibaux, MT 59353
E-recording
P.O. Box 199
Wibaux, MT 59353
Fax
1-406-796-2625
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
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Wibaux County
Montana allows informal probate, so many families settle straightforward estates in Wibaux 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 Wibaux 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.
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.
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
(8)·
- 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
- Wibaux County District Court, official page
- Wibaux 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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