Overview
Yellowstone County is located in Montana with a population of approximately 171,583. The 13th Judicial District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Montana probate is governed by Title 72 of the Montana Code Annotated (MCA). The process begins with filing a Petition for Probate (Form 72-3-201) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Montana offers a simplified procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $100,000, the successor may collect personal property by affidavit 30 days after death without full probate administration (MCA 72-3-1101).
Montana does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Yellowstone County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
13th Judicial District Court
Probate matters in Yellowstone County are handled at the Yellowstone County Courthouse.
Address: 217 N 27th St, Rooms 702-704, Billings, MT 59101
Phone: (406) 256-2851 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located on the 7th floor (Rooms 702-704). The court handles probate filings, wills, and estate administration documents.
Parking and Access
Public parking is available in the "Pay to Park" lot across the street from the main entrance or in the Park 3 Garage at 210 N 27th St (hourly spaces available). Handicapped parking is located on the East side of the Courthouse and in front of the North Entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (less liens) is valued at $100,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held in joint tenancy with right of survivorship pass outside probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the 13th Judicial District Court. Include:
- Petition for Probate (Formal or Informal)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($100)
- Proposed Order and Letters
E-filing may be available for attorneys; pro se litigants typically file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or as required by specific procedure).
- Publish notice to creditors in a newspaper of general circulation in Yellowstone County (e.g., Billings Gazette) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition (if formal probate). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate may be processed by the Clerk without a hearing if no objections are filed.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from first publication to file claims)
- Inventory and appraise all estate assets within 9 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge to close the estate
Local Requirements
Yellowstone County-Specific Procedures
- Filing Location: All probate documents are filed with the Clerk of District Court, 217 N 27th St, Billings.
- Local Rules: The 13th Judicial District may have specific local rules regarding scheduling and document formatting; check with the Clerk.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Yellowstone County, such as the Billings Gazette or Yellowstone County News, for three consecutive weeks.
Always check with the Clerk of Court for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Yellowstone County)
- Probate Commencement (Petition): approximately $100
- Certified copies of Letters: approximately $2 per document plus $2 for certification (fees vary, verify with Clerk)
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
- Recording fees: vary by document length (e.g., for deeds)
Montana law requires attorney and personal representative fees to be "reasonable"; there is no statutory percentage fee.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (informal, no disputes): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 4 months from the date of first publication to file claims, which sets a minimum timeline for closing the estate.
Local Resources
Yellowstone County Court Resources
- Court Website: yellowstonecountymt.gov
- Probate Self-Help: courts.mt.gov
- Montana Probate Forms: courts.mt.gov
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — Lawyer Referral Service
- Montana Legal Services Association: (800) 666-6899 — Civil legal aid for low-income residents
- Yellowstone County Self Help Law Center: Located in the courthouse (check hours)
Publication
- Billings Gazette: (406) 657-1200 — Legal Notices Dept
- Yellowstone County News: (406) 348-2650 — Legal Notices