Overview
Beaverhead County is located in Montana with a population of approximately 9,371. The Fifth 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 of Will and Appointment of Personal Representative 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, successors may collect personal property via affidavit 30 days after death without full probate administration.
Personal representatives are entitled to reasonable compensation for their services. Attorneys are also entitled to reasonable fees, which may be based on a written agreement or the time and effort involved, subject to court review if contested.
This guide provides an informational overview of the Beaverhead 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
Beaverhead County Clerk of District Court
Probate matters in Beaverhead County are handled at the Beaverhead County Courthouse.
Address: 2 South Pacific Street, Suite 5, Dillon, MT 59725
Phone: (406) 683-3725 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located on the main floor of the courthouse. The Fifth Judicial District serves Beaverhead, Jefferson, and Madison counties.
Parking and Access
Street parking is generally available around the courthouse in Dillon. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (less liens), successors can collect assets via affidavit 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held in joint tenancy with right of survivorship pass directly to the co-owner or beneficiary.
- 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 Fifth Judicial District Court. Include:
- Original Will (if applicable)
- Application for Informal Probate or Petition for Formal Probate
- Certified death certificate
- Filing fee (approximately $100)
- Proposed Order and Letters
Montana allows for both informal (administrative) and formal (judicial) probate proceedings depending on the complexity of the estate.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or notice of appointment (for informal probate) to all heirs, devisees, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Beaverhead County, such as the Dillon Tribune, once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. If the petition is for informal probate, the Clerk may issue Letters without a hearing if all paperwork is in order. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the creditor claim period (typically 4 months from publication) to run.
- Inventory and appraise all estate assets within 9 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Sworn Statement to Close Unsupervised Administration or a formal petition for discharge.
Local Requirements
Beaverhead County-Specific Procedures
- Local Court Rules: The Fifth Judicial District has specific local rules regarding pleadings and motions. Ensure all documents comply with Montana Uniform District Court Rules.
- E-Filing: Montana Courts E-Filing is available for attorneys only. Self-represented litigants may not e-file and must file documents in person or by mail.
- Hearings: Law and Motion days for Beaverhead County are typically Tuesdays and Thursdays, but schedules can vary. Check with the Clerk for specific judge availability.
- Publication: Notice to creditors is typically published in the Dillon Tribune.
Always check with the Clerk of District Court for the most current local requirements and fee schedules.
Timeline & Fees
Filing Fees (Beaverhead County)
- Probate Commencement (Petition): approximately $100
- Certified copies of Letters: approximately $2 per document plus $0.50 per page (fees vary, verify with Clerk)
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Recording fees: Varies by document length (for real estate transfers)
Payment Methods
The court typically accepts cash, checks, or money orders. Confirm credit card acceptance and any associated convenience fees directly with the Clerk's office.
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 6 months to clear creditor period and close)
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The creditor claim period in Montana is 4 months from the date of the first publication of notice to creditors.
Local Resources
Beaverhead County Court Resources
- Court Website: https://beaverheadcountymt.gov/clerk-of-district-court/
- Montana Judicial Branch: https://courts.mt.gov
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — https://www.montanabar.org
- Montana Legal Services Association: (800) 666-6899 — https://www.mtlsa.org
Publication
- Dillon Tribune: (406) 683-2331 — Newspaper of general circulation in Beaverhead County.