Overview
Daniels County is located in Montana with a population of approximately 1,661. The Daniels 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 Montana Code Annotated (MCA) Title 72. 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 $50,000, a successor may claim assets via an Affidavit for Collection of Personal Property thirty days after death, without full court administration.
Montana does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Instead, fees must be "reasonable" based on the services provided.
This guide provides an informational overview of the Daniels 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
Daniels County District Court
Probate matters in Daniels County are handled at the Daniels County Courthouse.
Address: 213 Main St, Scobey, MT 59263 (Mailing: PO Box 247)
Phone: (406) 487-2651 (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 District Court is part of the 15th Judicial District of Montana, presided over by Judge Benjamin Fosland.
Parking and Access
Street parking is generally available around the courthouse in Scobey. 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 $50,000 or less, you may be able to use an Affidavit for Collection of Personal Property 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with rights of survivorship pass directly to the survivor.
- 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 Daniels County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $100)
- Proposed Order and Letters
E-filing availability varies by county in Montana; contact the Clerk of Court to confirm current local methods.
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 (or as required by specific procedure).
- Publish notice in a newspaper of general circulation in Daniels County, such as the Daniels County Leader, for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing (or upon review of the pleadings in informal proceedings), the judge or clerk 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:
- Notify creditors (Montana typically requires a 4-month creditor claim period after publication).
- 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 final accounting and petition for discharge to close the estate.
Local Requirements
Daniels County-Specific Procedures
- Filing Method: Contact the Clerk of District Court at (406) 487-2651 to confirm if they accept filings by mail or require in-person filing.
- Payment: Small counties often prefer cash, cashier's checks, or money orders for filing fees.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Daniels County, typically the Daniels County Leader.
Always check with the Clerk of Court for the most up-to-date local rules and requirements.
Timeline & Fees
Filing Fees (Daniels County)
- Initial Probate Filing: approximately $100
- Certified copies of Letters: approximately $2 per document + $2 certification fee (verify current rates)
- Publication costs: approximately $100-$200 depending on the length of the notice
- Recording fees: vary by document length
Payment Methods
The court typically accepts cash, checks, or money orders. Credit card acceptance may be limited or subject to convenience fees; call ahead to confirm.
Estimated Timelines
- Simple estates (informal probate): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Montana is 4 months from the date of first publication of notice.
Local Resources
Daniels County Court Resources
- Court Website: danielscountymt.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
- Daniels County Leader: (406) 487-5303 — Newspaper of general circulation in Scobey.