Overview
Carbon County is located in Montana with a population of approximately 10,473. The Carbon County 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 or Petition for Formal Probate 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.
For smaller estates, Montana offers a simplified procedure. If the value of the entire estate, less liens and encumbrances, does not exceed $100,000, successors may collect personal property using an Affidavit for Collection of Personal Property after a 30-day waiting period.
Montana law allows for reasonable compensation for personal representatives and attorneys, typically based on the services provided and the complexity of the estate rather than a strict statutory percentage.
This guide provides an informational overview of the Carbon 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
Carbon County District Court
Probate matters in Carbon County are handled at the Carbon County Courthouse.
Address: 102 Broadway Ave N, Red Lodge, MT 59068
Phone: (406) 446-1225 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located on the second floor of the courthouse. This office accepts all probate filings and maintains estate records. Carbon County District Court is now live with e-filing for probate (DP) cases through FullCourt E-Filing.
Parking and Access
Street parking is generally available around the courthouse in Red Lodge. 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:
- Affidavit for Collection of Personal Property: If the estate is valued at $100,000 or less (less liens), you may be able to skip formal probate after a 30-day waiting period.
- Joint Tenancy with Right of Survivorship: Property owned as joint tenants automatically passes to the surviving owner upon death.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate or Petition for Formal Probate with the Carbon County District Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- $100 filing fee
- Proposed Order and Letters
- Any additional required documents
E-filing is available through FullCourt E-Filing for probate cases. Check with the Clerk of Court for current options and requirements.
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 (for formal probate).
- Publish notice in a newspaper of general circulation in Carbon County, such as the Carbon County News, for three successive weeks.
Step 4: Attend the Hearing
For formal probate, 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. Informal probate often does not require a hearing if the clerk approves the application.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to 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.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Carbon County-Specific Procedures
- E-Filing: Carbon County District Court is now live with e-filing for probate (DP) cases through FullCourt E-Filing.
- Local Court Rules: The 22nd Judicial District may have specific local rules regarding probate; consult the clerk for details.
- Bond requirements: Bond may be required unless waived by the will or the court.
- Inventory Filing: Must be filed within 9 months of appointment.
- Publication: Notice must be published in a newspaper of general circulation in Carbon County for three consecutive weeks.
Always check with the Clerk of District Court for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Carbon County)
- Opening a Probate Estate: approximately $100
- Judge Substitution Motion: approximately $100
- Certified copies of Letters: approximately $2.00 plus copy fees
- Publication costs: approximately $150-$300 depending on the newspaper
- Copy fees: approximately $1.00 per page
Montana does not have a statutory percentage fee schedule for attorneys or personal representatives; fees must be reasonable based on services rendered.
Payment Methods
The court accepts cash, check, or money order. Credit cards may not be accepted for all fees; call ahead to confirm.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting the timeline include the 4-month creditor claim period, tax return processing, and court scheduling.
Local Resources
Carbon County Court Resources
- Court Website: carbonmt.gov
- Probate Self-Help: Montana Judicial Branch Self-Help Center
- Montana Probate Forms: State Law Library Self-Help Center
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — Lawyer Referral Service
- Montana Legal Services Association: (800) 666-6899 — Legal aid for eligible residents
- State Bar Lawyer Referral: montanabar.org
Publication
- Carbon County News: (406) 446-2222 — Official newspaper for legal notices in Carbon County.
- Billings Gazette: (406) 657-1200 — Regional paper covering South Central Montana.