Can You Self-File Probate in Madison County, Montana?
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. In Madison County, the petition is filed at the Madison County District Court, which requires e-filing.
Yes. Madison County runs a self-help center for self-represented filers, and informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, the simpler track. It works best for a straightforward estate. The estate settlement plan tracks each Madison County filing step alongside the estate's accounts and deadlines.
File at the District Court, 103 West Wallace Street, 2nd Floor, Virginia City, MT 59755. Phone: 1-406-500-9701.
Madison County requires attorneys to e-file probate matters. Attorneys must e-file in probate cases in this court through the Montana Courts e-filing system. The Fifth Judicial District's Local Rule 3.1 requires e-filing in all cases unless the statewide e-filing rules exempt them. The system is not open to self-represented filers, who file with the Clerk of District Court on paper.
Madison County runs a self-help center at Gallatin County Self-Help Law Center, Gallatin County Justice Center, 515 South 16th Avenue, Bozeman, MT 59715. Hours: Monday-Friday 8:00 AM-4:30 PM. Phone: 1-406-582-2158.
The Montana court filing fee is $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Oct 17, 2026View source, and publication of the creditor notice is a separate cost set by the newspaper. The filing fee is a fraction of what probate costs with counsel: attorney fees are the largest line, and self-filing removes that line while court costs, publication and executor compensation stay the same.
Self-File Probate Assessment in Nearby Counties
- Other counties in the 5th Judicial District: Beaverhead County (Dillon) · Jefferson County (Boulder)
- More Montana counties: Lincoln County (Libby) · McCone County (Circle)
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Forms for Settling an Estate in Montana
Free forms for settling an estate in Montana: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Montana.
Petition for Probate and Letters
In Montana, the petition asks the District Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableMCA § 72-3-201Verified Sep 8, 2026View source.
Notice to Creditors
In Montana, the notice to creditors is published for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In Montana, the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source covers estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Montana, the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment.
Estate Closing
In Montana, the personal representative is discharged automatically once the statutory period runsMCA § 72-3-1004(2), 72-3-1011Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In Montana, a surviving joint owner records the “Acknowledged statement that the holder of a nonprobate interest in real property is deceasedMont. Code Ann. § 7-4-2613(1)(c)Verified Oct 26, 2026View source”.
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 Much Can an Executor Charge?
Montana pays executors reasonable compensationMCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 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 the estate.
How Do I Get Letters Testamentary?
In Montana, the Clerk of the district court issues Letters Testamentary or Letters of Administration once the District Court appoints the personal representative; an informal (registrar) track is availableMCA § 72-3-201Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Montana, creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Montana pays the claims in 7MCA § 72-3-807Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
How Do I Claim a Deceased Person's Unclaimed Property?
In Montana, a deceased owner's unclaimed property is claimed from the Montana Department of Revenue, Unclaimed PropertyMont. Code Ann. Title 70, Chapter 9, Part 8 (Uniform Unclaimed Property Act); 70-9-815; 72-3-1101Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Social Security Survivor Benefits Can I Get?
Which Social Security survivor benefit a spouse, former spouse, child or parent can get, what share it pays, and the lump-sum death payment.
What Is the Estate's Personal Property Worth for Probate?
In Montana, the personal representative lists the estate's personal property at its fair market value as of the date of deathMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source, on the inventory filed within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of the appointment.
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Montana Estate Settlement Resources
In-depth guides covering Montana probate, estate administration, and settling an estate.