What to Do When Someone Dies in Teton County, Montana

How probate works in Teton County: the District Court record, what the process costs, and how to file there.

Probate Court Record

Teton County District Court

Teton County · 9th Judicial District

Office

1 Main Avenue South, Choteau, MT 59422

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 day every other Tuesday at 10:00 a.m. in Choteau; the court's calendar is posted on the clerk's page.

Self-help center

  • Cascade County Self-Help Law Center, Great Falls Public Library, 3rd Floor, 301 2nd Avenue North, Great Falls, MT 594011-406-899-7109 · cascadecountyselfhelp@mt.gov · Monday-Thursday 9:00 AM-3:00 PMThe Montana courts' Self-Help Law Program serves this county from its Great Falls center in the public library, with remote help by phone and email. It gives people without a lawyer legal information and court forms free of charge, not legal advice, and staff do not file papers for anyone. Video appointments are booked through the Helena center at (406) 444-9300.

Verified October 16, 2026 · Source

How Probate Works in Teton 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 Teton County, probate runs through the District Court at 1 Main Avenue South, Choteau. The court sits in the 9th Judicial District. The same 9th Judicial District also serves Glacier, Pondera and Toole.

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 Teton County

What probate costs in Teton 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 1 Main Avenue South, Choteau. The court is part of the 9th 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 Teton 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 9th Judicial District.

Beside the filing office, the court lists a separate line for TTY/TDD.

The Montana courts' Self-Help Law Program serves this county from its Great Falls center in the public library, with remote help by phone and email. It gives people without a lawyer legal information and court forms free of charge, not legal advice, and staff do not file papers for anyone. Video appointments are booked through the Helena center at (406) 444-9300.

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 Teton County Self-Filing Assessment.

Teton 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

The filing fee must come with the papers, or the Clerk will not file them.

The filer supplies the copies the Clerk needs to send conformed copies, with addressed envelopes for every party of record.

Source

Court Appearances

The district judge holds law and motion in Choteau every other Tuesday at 10:00 a.m.

Hearing dates are confirmed with the Clerk of District Court, and the current court calendar is posted on the clerk's page. A party with a conflict on a set date consults the other side and tells the court by motion.

Source

Records Access

An original will filed with the Clerk cannot be taken out of the office.

Source

What 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 Teton County

In Montana a death is registered locally, and in Teton County certified copies of the death certificate are issued by Teton 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

Teton County · Teton County Clerk and Recorder

Office

1 Main Avenue South, Choteau, MT 59422

Mail

P.O. Box 610 Choteau, MT 59422

Fax

1-406-466-3244

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Sheriff-Coroner

Teton County · Teton County Sheriff's Office

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

26 First Street Southeast, Choteau, MT 59422

Mail and offices

Fax

1-406-466-5787

Verified November 2, 2026 · Source

Transferring Property in Teton 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 Teton County are recorded with the County Clerk and Recorder at 1 Main Avenue South, Choteau, MT 59422. Phone: 1-406-466-2693.

Documents submitted by mail go to P.O. Box 610, Choteau, MT 59422.

The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page.

Teton County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk and Recorder

Teton County

Office

1 Main Avenue South, Choteau, MT 59422

Mail

P.O. Box 610 Choteau, MT 59422

Fax

1-406-466-3244

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Teton County

Montana allows informal probate, so many families settle straightforward estates in Teton 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 Teton 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.

Founded in 2000, serves clients across north-central Montana including Chester, Conrad, Cut Bank, Browning, Valier, Havre, and Great Falls. Attorney Bill Hunt is a certified mediator through the Montana Center for Collaborative Solutions and serves as attorney for the Town of Chester.

Solo PracticeSince 2000Serves 5 countiesEstate PlanningProbateBusiness LawReal Estate

Serves Great Falls and north-central Montana (Cascade County, Eighth Judicial District) from its offices on Central Avenue, handling estate planning, wills, and probate administration for personal representatives. Attorneys pair estate work with business, transition, and gift-tax planning. One of Montana's oldest firms, founded in 1911.

Since 1911Serves 5 countiesEstate PlanningProbateBusiness Succession

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.

Serves the whole stateEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

See all 12 firms serving Teton County →

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

(9)·

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.

Get the Answer

Hire a Montana Probate Attorney

Browse vetted Montana attorneys handling probate matters.

Browse firms

All Montana tools