Overview
Broadwater County is located in Montana with a population of approximately 8,302. The 1st 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 valued at $50,000 or less (less liens and encumbrances) via an Affidavit for Collection of Personal Property (MCA 72-3-1101).
Montana law allows for reasonable compensation for personal representatives and attorneys, typically based on time spent and complexity, rather than a fixed statutory percentage.
This guide provides an informational overview of the Broadwater 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
Broadwater County Courthouse
Probate matters in Broadwater County are handled at the Broadwater County Courthouse.
Address: 515 Broadway St, Townsend, MT 59644
Phone: (406) 266-9213 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located in the county courthouse. The 1st Judicial District serves both Broadwater and Lewis & Clark Counties.
Parking and Access
Street parking is generally available around the courthouse in Townsend.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's value, less liens and encumbrances, does not exceed $50,000.
- Joint Tenancy: Property held in joint tenancy with right of survivorship passes directly to the surviving owner.
- 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 of Will and Appointment of Personal Representative with the 1st Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Application or Petition for Probate
- Certified copy of the Death Certificate
- Filing fee (approx. $100)
- Order Appointing Personal Representative and Letters of Appointment
E-filing may be available; check with the Clerk of Court for current procedures.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Broadwater County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors once a week for three successive weeks. Creditors have 4 months from the date of first publication to file claims.
- Inventory and appraise all estate assets within 9 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Broadwater County-Specific Procedures
- Local Court Rules: The 1st Judicial District has specific local rules regarding probate; consult the Clerk for details.
- Bond: Bond may be required unless waived by the will or the court.
- Inventory: Must be prepared within 9 months of appointment.
- Publication: Notice must be published in a newspaper of general circulation in Broadwater County for three successive weeks.
Broadwater County is part of the 1st Judicial District. Judges may rotate or hold court on specific days.
Timeline & Fees
Filing Fees (Broadwater County)
- Probate Petition: approximately $100
- Small Estate Affidavit filing: approximately $1
- Certified copies of Letters: approximately $2 certification + $1/page per certified copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Recording fees: $8/page
Montana does not have a statutory percentage fee schedule; fees must be reasonable.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may not be accepted or may incur a fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Creditor claim period is 4 months. Inventory due at 9 months.
Local Resources
Broadwater County Court Resources
- Court Website: courts.mt.gov
- Probate Self-Help: Montana Judicial Branch Probate Information
- Montana Probate Forms: Statewide Probate Forms
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — Attorney referral service
- Montana Legal Services Association: (800) 666-6899 — Civil legal aid for low-income residents
- State Bar of Montana: montanabar.org
Publication
- MT 43 News (formerly Broadwater Reporter): (406) 266-0086 — Local newspaper of general circulation
- Independent Record: (406) 447-4000 — Regional newspaper based in Helena