Overview
Blaine County is located in Montana with a population of approximately 7,044. The 17th 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 an Application for Informal Probate 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 $50,000, successors may file an Affidavit for Collection of Personal Property to collect assets without full probate administration.
Montana does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable based on services provided.
This guide provides an informational overview of the Blaine 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
17th Judicial District Court
Probate matters in Blaine County are handled at the Blaine County Courthouse.
Address: 420 Ohio Street, Chinook, MT 59523
Phone: (406) 357-3230 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is located on the main floor of the courthouse. The 17th Judicial District also serves Phillips and Valley counties.
Parking and Access
Free street parking is generally available around the courthouse in Chinook. The building is accessible to the public during standard 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 $50,000 or less (after liens), successors can use an affidavit to collect personal property 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, POD accounts) or held in joint tenancy with rights of survivorship bypass probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If probate is needed, file an Application for Informal Probate (or Petition for Formal Probate) with the 17th Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Application for Informal Probate and Appointment of Personal Representative
- Certified death certificate
- Filing fee ($100)
- Proposed Letters and Order
E-filing may be available; check with the Clerk of District Court for current electronic filing options and requirements.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment and/or hearing to all heirs, devisees, and interested parties within 30 days of appointment.
- Publish notice in a newspaper of general circulation in Blaine County (such as The Blaine County Journal News-Opinion) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required if the application is complete and uncontested. The Clerk can issue Letters immediately. For formal probate, the court will schedule a hearing, typically 14 days or more after filing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months from the date of first publication for claims to be filed.
- Inventory and appraise all estate assets within 9 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Sworn Statement to Close Estate to conclude the process.
Local Requirements
Blaine County-Specific Procedures
- Filing Venue: Filings must be directed to the Clerk of District Court in Chinook.
- Local Forms: While the state provides standard forms, the local court may have specific preferences for cover sheets or order formats.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Blaine County, such as The Blaine County Journal News-Opinion, for three consecutive weeks.
Always contact the Clerk of District Court at (406) 357-3230 to verify current filing fees and procedural requirements before visiting.
Timeline & Fees
Filing Fees (Blaine County)
- Initial Probate Filing (Formal or Informal): approximately $100
- Certified copies of Letters: approximately $2 per document plus copy fees
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: vary by document length (for real estate transfers)
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with an additional convenience fee; confirm with the Clerk.
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 6 months to close after creditor period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
The creditor claim period in Montana is 4 months from the first publication of notice, which sets the minimum timeline for closing an estate.
Local Resources
Blaine County Court Resources
- Court Website: blainecounty-mt.gov
- Probate Self-Help: Montana Judicial Branch Self-Help
- Montana Probate Forms: courts.mt.gov
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — montanabar.org
- Montana Legal Services Association: (800) 666-6899 — mtlsa.org
Publication
- The Blaine County Journal News-Opinion: (406) 357-3573 — Newspaper of general circulation in Chinook and Blaine County.