Montana Probate Court

Probate is the legal process through which a deceased person’s estate is administered, their debts are settled, and their property is legally distributed to heirs. Although probate procedures are similar nationwide, Montana applies its own rules under the Uniform Probate Code (UPC) it has adopted. This framework allows for simplified procedures in certain cases, particularly for small estates. To learn about the Montana probate system, it is essential to understand how District Courts handle these matters, the different types of proceedings, and their associated costs.

How the Probate Process Works in Montana

The probate process typically begins when an interested party files a petition with the District Court in the county where the deceased person resided. The court then verifies the validity of any existing will and appoints a personal representative to administer the estate.

Thereafter, the personal representative must inform heirs and creditors, prepare an inventory of assets, and pay debts before distributing the remainder of the estate. Depending on the complexity and size of an estate, probate may be either informal (minimal court supervision) or formal (requiring hearings and judicial oversight). Most probate cases in Montana are typically completed in six months to a year, though contested cases may require a more extended timeline.

What Are the Costs of Probate in Montana?

The common expenses related to probate in Montana usually include court filing fees, attorney fees, personal representative compensation, and accounting costs. Across all District Courts, the base fee for filing a probate case is $100. Moreover, attorney fees are not set by law but are typically calculated by the hour or as a percentage of the estate’s total value. Similarly, executors may receive reasonable compensation, though it must be approved by the court. When an estate is eligible, simplified procedures are the preferable option because these expenses can significantly reduce the value of the assets.

Types of Probate Cases in Montana

Montana recognizes several forms of probate cases. Here are some of them:

• Testate Probate: This is the process when a court handles an estate based on the will left behind by the deceased.
• Intestate Probate: This is the legal process of settling a deceased person’s estate when they have died without a will.
• Informal Probate: This is a simplified process used for settling a deceased person’s estate in uncontested estates.
• Formal Probate: This is a court-supervised legal process of administering estates when there are disputes.
• Small Estate Procedures: Without full probate, these procedures allow for the transfer of assets to the beneficiaries.

Montana Probate Court Forms and Filing Instructions

The forms required for filing probate cases can vary by county, but they are generally available on each county Clerk of Court’s website or at their office. Petitioners should always consult the local court for the most current filing requirements.

How Montana Probate Courts Work at the County Level

In each county in Montana, the District Court is the trial court that handles all probate matters. Though all courts operate under the same state probate laws, the local rules and filing procedures can be different. In Montana, the District Courts for the 10 most populous counties are as follows:

• Yellowstone County District Court (Billings) – This court handles the largest caseload in Montana, including probate cases.
• Missoula CountyDistrict Court– The Clerk of the Court handles all probate filings.
• Gallatin County District Court (Bozeman) – This court ensures that the legal procedures for administering an estate are followed according to state law.
• Flathead County District Court (Kalispell) – Individuals can obtain probate forms at the clerk’s office.
• Cascade County District Court (Great Falls) – This court provides public access to its calendars. This shows that probate matter hearings are scheduled on a regular basis
• Lewis and Clark County District Court (Helena) – Probate records in this court are managed by the District Court Clerk.
• Silver Bow County District Court (Butte) – Serves as a convenient location for handling all probate filings and records.
• Ravalli County District Court (Hamilton) – Handles smaller caseloads but with similar procedures as larger counties.
• Lake County District Court (Polson) – Probate filings are available through the clerk of court.
• Hill County District Court (Havre) – Probate division operates within the district court system.

How to Search Probate Records in Montana

The Clerk of the District Court in each county keeps all the county’s probate records. These records typically include the decedent’s name, case number, executor information, list of heirs, and estate inventories. Nonetheless, certain records may be restricted from public disclosure if sealed by court order. To find probate records, interested parties may contact the relevant District Court Clerk. Additionally, anyone may request copies of probate documents, both certified and regular, for a small fee.