What to Do When Someone Dies in Yellowstone County, Montana
Probate in Yellowstone 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 Yellowstone 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
District Court
Yellowstone County · 13th Judicial District
Address
217 North 27th Street, Rooms 702, 703, and 704Billings, MT 59101Mailing: P.O. Box 35030, Billings, MT 59107
Paper filing availableE-filing required for attorneysSelf-filing allowed
Departments
Civil Matters406-256-2851
Criminal Matters406-354-7991
Probate Matters406-256-2865
Jury Duty · Room 204
Yellowstone County comprises the entire 13th Judicial District. The Clerk of District Court also serves as the Jury Commissioner. Yellowstone County is the most populated county in Montana with over 155,000 residents. Different phone numbers for different case types: Civil (406-256-2851), Criminal (406-354-7991), Probate (406-256-2865). Terry Halpin re-elected in 2024.
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 Yellowstone County, probate runs through the District Court at 217 North 27th Street, Rooms 702, 703, and 704, Billings. The court sits in the 13th 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. 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 Yellowstone County
What probate costs in Yellowstone 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 North 27th Street, Rooms 702, 703, and 704, Billings. The court is part of the 13th Judicial District.
Probate matters are handled through Civil Matters, Criminal Matters, Probate Matters, and Jury Duty. Filing and payment go through these offices, not the main clerk window.
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.
E-filing is mandatory for attorneys filing at the District Court (https://mtefile.courts.mt.gov). Self-represented filers can request a paper-filing exemption.
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.
How to File Probate at the District Court
If you're handling probate yourself in Yellowstone County, Montana, you can file at the District Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 13th Judicial District.
Filings here are routed through Civil Matters, Criminal Matters, Probate Matters, and Jury Duty. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Yellowstone County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Electronic filing mandatory for all attorneys. Courtesy copies of motions and briefs must be delivered to presiding judges chambers.
Document Requirements
Pleadings/briefs limited to 20 pages, not including attachments. If generative AI used in document preparation, must identify AI type and certify all citations have been verified.
Court Appearances
Law and Motion is held in each department, with Civil Law and Motion beginning at 8:30 AM and Criminal at 9:00 AM. Call the Clerk to confirm a date (406-256-2851 civil, 406-354-7991 criminal, 406-256-2865 probate).
Law and Motion held in each department: Civil at 8:30 AM, Criminal at 9:00 AM. Call the Clerk to schedule (probate: 406-256-2865).
What to Bring
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.
Transferring Property in Yellowstone 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 Yellowstone County are recorded with the County Clerk and Recorder, led by Clerk and Recorder Jeff Martin, at 2825 3rd Ave N., Rm 408, Billings, MT 59101. Phone: 406-256-2785.
Documents submitted by mail go to P.O. Box 35001, Billings, MT 59107.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.
Yellowstone County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk and Recorder
Yellowstone County · Clerk and Recorder · Jeff Martin
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
Montana allows informal probate, so many families settle straightforward estates in Yellowstone 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 Yellowstone 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.
Billings-based estate planning firm founded in 2020, serving Yellowstone County and the surrounding Beartooth counties. Handles estate planning, asset protection and kids protection planning, plus business, agricultural, water, and real estate law. Estate and trust administration, including probate, is offered to existing clients only.
Billings estate-planning and probate firm serving Yellowstone County and clients statewide. Handles court-supervised probate administration, guardianships and conservatorships, and trust and probate litigation including will contests, alongside asset protection and agricultural-succession planning.
PracticesEstate PlanningTrust LitigationGuardianshipAsset Protectionand 2 more
Billings estate and elder-law practice serving Yellowstone County and the Thirteenth Judicial District, led by Sol Lovas, Montana's first Certified Elder Law Attorney (CELA). Handles post-death probate and trust administration, special-needs trusts, and Medicaid-eligibility work. Reduced fees are available for clients of limited means under federal poverty guidelines.
PracticesEstate PlanningElder LawSpecial Needs PlanningMedicaid Planningand 2 more
Office
2817 Second Avenue North, Suite 207Billings, MT 59101
Billings law firm helping clients create estate plans that protect assets and ensure families are provided for. Probate lawyers can help legally verify a loved one's will and guide families through the probate process. Licensed in Montana, Wyoming, North Dakota, Arizona, and California.
PracticesEstate PlanningTrust LitigationTax PlanningGuardianshipand 2 more
Boutique Billings law firm devoted exclusively to estate planning and elder law. Helps families protect their assets and loved ones from the legal impacts of incapacity, death, and taxes. Services include living trusts, wills, probate, trust administration, powers of attorney, irrevocable trusts, family limited partnerships, and charitable giving.
PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 2 more
Office
180 South 32nd Street West, Suite 3Billings, MT 59102
Billings business-and-tax firm, formerly Billstein, Monson & Small, whose estate planning, probate, and trust administration group serves clients across Montana. Handles estate administration and will contests, and advises trustees, personal representatives, and court-appointed conservators. Work skews toward business owners and ranch families with tax or succession complexity.
PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 3 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.
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.
Yellowstone County Guides
Step-by-step tools for families in Yellowstone County, Montana.
