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Yellowstone County, MT Probate Information
Quick facts
| Item | Yellowstone County detail |
|---|---|
| Court | Yellowstone County District Court, Montana 13th Judicial District Court |
| Filing office | Clerk of district court in Yellowstone County |
| Courthouse address | Yellowstone County Courthouse, 217 North 27th Street, Rooms 702, 703 and 704, Billings, MT 59101 |
| Mailing address | P.O. Box 35030, Billings, MT 59107 |
| Phone | (406) 256-2851 |
| Fax | Call before relying on fax. No fax number is published on the Judiciary CourtLocator page or the county District Court page. |
| [email protected] for general questions. [email protected] for records questions. | |
| Hours | 8:00 am to 5:00 pm, Monday through Friday, Mountain Time. The county publishes annual holiday closures, including a 2026 state and national Election Day closure. Call before making the trip. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The figure appears on Yellowstone County's clerk of district court fee schedule, effective July 1, 2023 and updated May 17, 2024, and is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Confirm the current amount with the clerk of district court in Yellowstone County before you file. |
| Local forms | Yellowstone County states that the clerk of district court does not provide forms for people filing without a lawyer. Statewide probate forms are at courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. Attorneys have electronic filing enabled for Probate (DP) at Yellowstone County District Court under the Judicial Branch court policy dated July 30, 2026. |
| Case search | Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, published through courts.mt.gov. Yellowstone County District Court converted to FullCourt Enterprise in September 2021, and probate cases use the DP case-type code with court number 56. |
| Remote appearance | Decided by the district judge under the 13th Judicial District local rules. Montana has no statewide rule giving a party a right to appear remotely. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | https://courts.mt.gov/CourtLocator/13thJudicialDistrict and https://www.yellowstonecountymt.gov/clerk_court/ |
Before you begin — know the assets and liabilities
Before you go to the clerk of district court in Billings, identify what the estate owns and owes first, because that determines whether an estate must be opened, whether the affidavit route under Mont. Code Ann. § 72-3-1101 fits instead of a court filing, and how many certified copies of the Letters of Authority will be needed.
Sunset's asset discovery searches more than 2,300 financial institutions, so a Yellowstone County family can see accounts, balances and liabilities before filling in a form. That makes estate settlement planning more concrete before the case receives a DP number in the District Court.
Which court handles jurisdiction
Probate for Yellowstone County is filed with the clerk of district court at the county courthouse in Billings. Yellowstone County is the only county in Montana's 13th Judicial District, which is how district judges and the district court's local rules are assigned, so the judges who sign orders sit in the same courthouse where the case is filed (Mont. Code Ann. § 3-5-101).
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had the decedent's domicile at death, or, if the decedent was not domiciled in Montana, any county where property of the decedent was located at death (Mont. Code Ann. § 72-3-112).
Montana has no county-level estate forum and no separate estate-only court: the District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, the Justice Court, City Court and Municipal Court, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102). In Yellowstone County, the Justice Court shares the 217 North 27th Street address, the Billings Municipal Court is nearby at 220 North 27th Street, and Laurel has a City Court, but estate filings go to none of them.
Billings is the county seat and courthouse city, and Laurel is the county's other community listed on the Judiciary's CourtLocator page. All Yellowstone County probate matters are filed with the clerk of district court in Billings.
The jurisdiction process
- Start with the asset list. Work out what the estate holds, what it owes and which items pass outside the court process before choosing a probate route.
- Get the statewide forms. The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife, including the How to Administer a Small Estate Packet and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. Yellowstone County states that the clerk of district court does not provide forms for people filing without a lawyer.
- Prepare an application for informal probate and appointment, or a petition for formal probate if the matter needs a judge and notice. An informal application goes to the clerk, while a formal testacy or appointment matter begins by petition (Mont. Code Ann. § 72-1-103, § 72-3-301).
- File with the clerk of district court in Yellowstone County. Bring the papers to Rooms 702, 703 and 704 at 217 North 27th Street in Billings, or mail them to P.O. Box 35030, Billings, MT 59107. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov.
- Pay the $100.00 commencement charge shown on the Yellowstone County clerk of district court fee schedule, effective July 1, 2023 and updated May 17, 2024. It is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- Let the clerk assign the case. In the 13th Judicial District local rules, a new probate case receives a DP number and is randomly assigned by the clerk to a judge in Division B of the court's ten departments.
- Wait for the informal findings if the case is informal. In an informal proceeding, the clerk of district court makes the findings the statute requires, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after at least 120 hours have elapsed since death, or after 30 days for a decedent who was not a Montana resident (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Qualify before receiving Letters. The personal representative files any required bond and a statement of acceptance before receiving the Letters of Authority used with banks, title companies and other holders of estate property (Mont. Code Ann. § 72-3-512; courts.mt.gov/Forms/endoflife).
- Get certified copies from the clerk. Yellowstone County's fee schedule, effective July 1, 2023 and updated May 17, 2024, lists $2.00 for certification with the court seal (Mont. Code Ann. § 25-1-201).
- Give notice to creditors. The personal representative publishes notice once a week for 3 successive weeks in a newspaper of general circulation in Yellowstone County, and creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, listing probate property with fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- Ask the assigned department for a hearing if one is needed. Under the 13th Judicial District local rules, probate is excluded from automatic calendaring, Law and Motion days are generally for uncontested matters, and the Law and Motion calendar closes at 4:00 p.m. two business days before the day, with an extra day when a holiday falls on a weekday.
- Confirm remote-appearance requirements before any hearing. Whether a party may appear by video or telephone is decided by the district judge under the 13th Judicial District local rules; testimony by contemporaneous transmission may be permitted for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Administer and close the estate, keeping copies of every filing and order. Before relying on a fee, calendar cutoff or delivery method, call the clerk of district court in Yellowstone County at (406) 256-2851.
Executor duties
Local duties in Yellowstone County are mostly about using the right counter and the right assigned department after appointment. Estate filings go to the clerk of district court in Rooms 702, 703 and 704 at 217 North 27th Street, or by mail to P.O. Box 35030. Room 204 is for jury duty, and the clerk and recorder at 2825 3rd Avenue North is the land-records office, not the estate filing office.
Use the assigned DP case number on later filings. A Yellowstone County probate case uses the DP case-type prefix and court number 56, and the case is assigned at opening to one of the judges in Division B under the 13th Judicial District local rules.
If the estate needs a hearing, the request goes to the assigned department. The local rules exclude probate from automatic calendaring, and the Law and Motion calendar for uncontested matters closes at 4:00 p.m. two business days before the day, with an extra day when a holiday falls on a weekday.
Budget for certified copies from the clerk. Yellowstone County's fee schedule, effective July 1, 2023 and updated May 17, 2024, lists $2.00 for certification with the court seal and copy charges under Mont. Code Ann. § 25-1-201.
If a self-represented personal representative uses generative artificial intelligence to prepare a document filed with the 13th Judicial District Court, the local rules effective January 1, 2026 require identifying the type of AI used and certifying that every citation to the law or record has been checked for accuracy.
Forms and documents
Probate forms in Yellowstone County
The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife under the category for wills, trusts, powers of attorney, estate planning and probate. The statewide materials include the How to Administer a Small Estate Packet and the separate Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, along with the Affidavit of Death, Fiduciary Statement and related estate-planning forms.
Yellowstone County's local answer is specific: the clerk of district court states that the office does not provide forms for people filing without a lawyer and recommends the Yellowstone County Self-Help Center. The statewide informal-probate packet includes an Application for Informal Probate, a Statement of Informal Probate, Letters of Authority and an Acceptance of Appointment; the blank forms come from courts.mt.gov/Forms/endoflife, while certified copies of signed Letters of Authority come from the clerk of district court.
The 13th Judicial District local rules, effective January 1, 2026, do not attach a local probate form or require a local probate cover sheet. The clerk's office can answer procedural questions and can check forms for signatures, notarization, correct county name and case number, but court staff cannot give legal advice or fill out forms for a party except for persons with disabilities.
Fees
| Charge | Amount and source |
|---|---|
| Probate commencement | $100.00 for formal, informal or ancillary probate on the Yellowstone County clerk of district court fee schedule, effective July 1, 2023 and updated May 17, 2024. It is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Certification with seal | $2.00 per certification on the Yellowstone County schedule, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201). |
| Hard-copy pages | $1.00 per page for the first ten pages and $0.50 per page after that on the Yellowstone County schedule, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201). |
| Electronic image | $0.25 per page on the Yellowstone County schedule, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201). |
| Record search | $2.00 per name per year for up to seven years and $1.00 per name per year after that on the Yellowstone County schedule, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201). |
Timeline
- At filing, the clerk of district court assigns the new DP probate case at random to a judge in Division B of the 13th Judicial District's ten departments under the local rules effective January 1, 2026.
- The clerk cannot issue the statement of informal probate or make an informal appointment until at least 120 hours have elapsed since death, or until 30 days have elapsed for a decedent who was not a Montana resident (Mont. Code Ann. § 72-3-215, § 72-3-225).
- If a hearing is needed, the request goes to the assigned department. Probate matters, listed as DP and DG/C, are excluded from the 13th Judicial District's automatic calendaring rule under the local rules.
- Law and Motion days are generally for uncontested matters, and the local rules state that there are generally four Law and Motion days each week. The clerk of district court is the place to ask which department has Law and Motion on a given day.
- The Law and Motion calendar closes at 4:00 p.m. two business days before the Law and Motion day, with one more day added when a holiday falls on a weekday, under the 13th Judicial District local rules.
- After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- The inventory is due within 9 months after appointment (Mont. Code Ann. § 72-3-607).
- Confirm current scheduling with the clerk of district court in Yellowstone County at (406) 256-2851, because Law and Motion assignments rotate among departments.
Local nuance
Yellowstone County-specific considerations
Yellowstone County is a single-county judicial district, but it is also Montana's largest district court bench. The 13th Judicial District local rules, published through courts.mt.gov and effective January 1, 2026, divide the District Court into ten departments assigned to individual judges. Probate cases use the DP prefix and are assigned by the clerk of district court to Division B.
The district has two standing masters under rules published through courts.mt.gov. The district's published local rules provide that, unless a party files and serves written specific objections or asks the district court for an extension within 10 days after service of the standing master's findings and order, the standing master's judgment is final. The district's published local rules do not say which matters are referred to the standing masters.
Probate is excluded from the district's automatic calendaring rule. If a Yellowstone County estate needs a hearing, the party asks the assigned department to place the matter on a calendar, and the Law and Motion cutoff in the local rules is 4:00 p.m. two business days before the Law and Motion day.
The 13th Judicial District has a local artificial-intelligence certification rule. If an attorney or a self-represented party uses generative artificial intelligence to prepare a document filed with the court, the filer must identify the type of AI used and certify that every citation to the law or record has been checked for accuracy.
The local addresses are easy to mix up. The estate filing counter is Rooms 702, 703 and 704 at 217 North 27th Street. Jury duty is Room 204 in the same building. The Justice Court is also at 217 North 27th Street and has no probate jurisdiction (Mont. Code Ann. § 3-10-301). The Billings Municipal Court is nearby, and Laurel has a City Court, but City Court jurisdiction does not include probate (Mont. Code Ann. § 3-11-102). The clerk and recorder keeps land records at 2825 3rd Avenue North and does not receive probate filings.
Yellowstone County also publishes its own clerk of district court fee schedule under Mont. Code Ann. § 25-1-201, effective July 1, 2023 and updated May 17, 2024, plus its own page stating that the clerk of district court does not provide forms for people filing without a lawyer.
Recent updates
| Change | Date |
|---|---|
| The 13th Judicial District local rules took effect. They divide the court into ten departments in two divisions, have the clerk of court randomly assign probate cases to Division B, and add an artificial-intelligence certification rule for any filer who used generative AI to prepare a document. | Effective January 1, 2026 |
| The Montana Judicial Branch electronic filing court policy lists Yellowstone County District Court among the district courts enabled for electronic filing and lists Probate (DP) among the enabled case types, while stating that e-filing is not yet enabled for self-represented litigants at any court. | As of July 30, 2026 |
| Yellowstone County's clerk of district court fee schedule prints $100.00 for a formal, informal or ancillary probate under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. | Effective July 1, 2023, updated May 17, 2024 |
| Yellowstone County District Court converted to the state's FullCourt Enterprise case management system, which places its records within the Montana District Court Public Access Portal described at courts.mt.gov. | September 2021 |
Page last reviewed: August 2026.
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | If a Billings home was co-owned, the court question is usually what remains in the decedent's sole name. If an estate is opened, the application goes to Rooms 702, 703 and 704 at 217 North 27th Street, the clerk assigns the case to Division B, and the clerk or district judge issues the statement of informal probate and Letters of Authority after the statutory waiting period (Mont. Code Ann. § 72-3-215). Certified copies of the Letters of Authority come from the clerk of district court at $2.00 per certification on the county schedule effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201). | Sunset finds accounts and balances across more than 2,300 institutions, so the spouse knows whether a court estate is needed before starting the estate settlement paperwork. |
| Out-of-state adult child w/ small estate | If the parent was domiciled in Yellowstone County, venue is in Billings even if the child lives elsewhere (Mont. Code Ann. § 72-3-112). A self-represented filer can mail the papers to P.O. Box 35030 because e-filing is not available to self-represented litigants at this time through courts.mt.gov. If the affidavit route fits, the Affidavit for Collection of Personal Property is presented to the holder rather than filed with the clerk of district court (Mont. Code Ann. § 72-3-1101). Once a probate case exists, the DP-56 case number shape helps with the Montana District Court Public Access Portal described at courts.mt.gov. | Sunset assembles the asset picture remotely, so a child outside Montana can decide whether estate settlement requires a Billings filing or a non-court affidavit route under Mont. Code Ann. § 72-3-1101. |
| Parent settling predeceased child's estate, home must be sold | If a Billings house must be sold from the estate, the parent needs Letters of Authority from the Yellowstone County District Court. The application goes to the clerk of district court in Billings, the case is assigned to one of the ten departments, and any request for a hearing goes to that assigned department because probate is excluded from automatic calendaring under the local rules. Deeds and lien searches are handled through the clerk and recorder at 2825 3rd Avenue North, a different office that does not receive estate filings. | Sunset builds the asset and liability picture, including what is owed against the house, so the parent knows what the sale has to clear before estate settlement moves forward. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Yellowstone County Self-Help Center | A free Montana Supreme Court Court Help Program location for civil, non-criminal problems. It cannot give legal advice or represent you in court, and its published topic list does not name probate, so call before making a trip. | 216 North 29th Street, Billings, MT 59101. (406) 869-3531. [email protected]. courts.mt.gov/SelfHelp/ |
| Clerk of district court in Yellowstone County | Procedural and records questions for Yellowstone County District Court. The office states that it cannot provide legal advice. | (406) 256-2851. [email protected]. [email protected]. |
| Montana Judicial Branch probate forms | Statewide probate forms for self-represented users, including informal-probate materials and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. | courts.mt.gov/Forms/endoflife |
| Montana Legal Services Association | Statewide civil intake. It does not promise estate representation, and its site notes reduced staffing and longer response times. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. mtlsa.org |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association, including life-and-estate-planning materials linked by the Judiciary. | montanalawhelp.org |
| Montana State Law Library | Statewide self-help law center and law library resource named by the county's pro se forms page. | 215 North Sanders, Helena. (406) 444-9300. [email protected]. |
| Montana District Court Public Access Portal | Case lookup route for district court records available through the state's FullCourt Enterprise transition. The Judicial Branch describes the portal as a courtesy, not a required statutory service. | dcportal.pubcourts.mt.gov, described at courts.mt.gov/Courts/portals |
When to hire an attorney
Montana does not require a personal representative to hire a lawyer, and the Montana Supreme Court runs a free Court Help Program and publishes probate forms for people representing themselves. In Yellowstone County, counsel often makes sense when the clerk's office does not provide forms, the Self-Help Center cannot give legal advice, a real-estate sale is involved, a formal petition or objection is possible, or the assigned department must be asked for a hearing under the 13th Judicial District local rules. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families identify accounts, balances and liabilities before deciding whether a Yellowstone County estate settlement needs a court filing.
Generate the probate packet. Sunset organizes the information needed for the Montana probate forms at courts.mt.gov/Forms/endoflife and helps you prepare a cleaner packet for the clerk of district court in Billings.
Find a local probate attorney. If the estate involves a home sale, an objection, a formal petition, tax questions or a hearing in an assigned department, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Sunset is paid by partners, not by grieving families, so you can start the estate settlement process without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Yellowstone County, Montana?
File with the clerk of district court in Rooms 702, 703 and 704 of the Yellowstone County Courthouse at 217 North 27th Street, Billings, MT 59101, or by mail to P.O. Box 35030, Billings, MT 59107. Montana probate is filed in the district court, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Is Yellowstone County its own judicial district?
Yes. Yellowstone County is the only county in Montana's 13th Judicial District, so the district judges sit in the same courthouse where the case is filed (Mont. Code Ann. § 3-5-101). The court is divided into ten departments, and the clerk assigns a new probate case at random to a judge in Division B.
How much does it cost to open a probate in Yellowstone County?
$100.00, made up of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Yellowstone County's clerk of district court fee schedule, effective July 1, 2023 and updated May 17, 2024, prints the same $100.00 for a formal, informal or ancillary probate.
Can I file probate online in Yellowstone County?
Not if you are filing without a lawyer. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time, so a self-represented personal representative files on paper with the clerk of district court. Attorneys have electronic filing enabled for Probate (DP) at Yellowstone County District Court under the Judicial Branch court policy dated July 30, 2026.
Does the clerk of district court in Yellowstone County give me the probate forms?
No. The office states that it does not provide forms for people filing without a lawyer and recommends the Yellowstone County Self-Help Center instead. The Montana Judicial Branch publishes statewide probate forms at courts.mt.gov/Forms/endoflife, including the How to Administer a Small Estate Packet and the separate Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101. Certified copies of signed Letters of Authority come from the clerk of district court, not from the blank form page.
How long after a death can probate be opened in Yellowstone County?
The clerk of district court cannot issue the statement of informal probate or make an informal appointment until at least 120 hours have elapsed since death, and waits 30 days instead if the decedent was not a Montana resident (Mont. Code Ann. § 72-3-215, § 72-3-225). A separate outer limit applies to starting probate proceedings more than 3 years after death, subject to statutory exceptions (Mont. Code Ann. § 72-3-122).
Will there be a hearing in a Yellowstone County probate?
Informal probate is handled by the clerk of district court through the statutory findings process. Formal probate is conducted before the district judge with notice, and Montana provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307). In the 13th Judicial District local rules, probate is excluded from automatic calendaring, so if a hearing is needed the request goes to the assigned department.
Can I appear by video or telephone in a Yellowstone County probate hearing?
Whether you can appear by video or telephone in a Yellowstone County probate matter is decided by the district judge under the 13th Judicial District local rules. Montana has no statewide rule giving a party a right to appear remotely. A district court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk of district court what the district requires.
How do I look up a probate case in Yellowstone County?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov. Yellowstone County District Court converted to FullCourt Enterprise in September 2021, and a Yellowstone County probate case number begins with DP followed by court number 56, the year and the case number. The clerk also performs a record search for $2.00 per name per year for up to seven years and $1.00 per name per year after that under the county schedule effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201).
Do I have to travel to Billings to settle a Yellowstone County estate?
Not necessarily. Venue follows the decedent's domicile, so a Yellowstone County estate is filed in Billings even if the family lives elsewhere (Mont. Code Ann. § 72-3-112), but a self-represented filer can mail papers to P.O. Box 35030, Billings, MT 59107 and ask procedural questions at (406) 256-2851 or [email protected]. The county publishes 8:00 am to 5:00 pm, Monday through Friday, Mountain Time, plus annual holiday closures; call before relying on the counter being open.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.