Overview
Dawson County is located in Montana with a population of approximately 8,700. The Dawson County District Court (7th Judicial District) 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 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 using an Affidavit for Collection of Personal Property without full court administration.
Montana does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the services provided.
This guide provides an informational overview of the Dawson 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
Dawson County District Court
Probate matters in Dawson County are handled at the Dawson County Courthouse.
Address: 207 West Bell Street, Glendive, MT 59330
Phone: (406) 377-3967 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (verify with clerk)
The Clerk of District Court's office is located on the main floor of the courthouse. The 7th Judicial District serves Dawson, McCone, Prairie, Richland, and Wibaux counties.
Parking and Access
Street parking is generally available around the courthouse square on West Bell Street and South Kendrick Avenue. There are also public parking lots nearby. 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 (less liens) is valued at $50,000 or less, you may be able to use an Affidavit for Collection of Personal Property after a 30-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship pass directly to the 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 Dawson County District Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $100)
- Proposed Order and Letters
E-filing may be available for attorneys; pro se litigants typically file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or appointment (for informal probate) to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Dawson County, such as the Glendive Ranger-Review, once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters. For informal probate, the Clerk may issue Letters without a hearing if the application is complete and unopposed.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims after the first publication of notice.
- 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 Statement to Close or petition for discharge to close the estate (informal estates can typically be closed 6 months after appointment).
Local Requirements
Dawson County-Specific Procedures
- Local Court Rules: The 7th Judicial District has specific local rules regarding scheduling and motion practice. Check with the Clerk for the most current local rules.
- Publication: Notice to creditors is typically published in the Glendive Ranger-Review.
- Filing Fees: The standard filing fee for opening a probate case is $100, but additional fees for copies or certifications may apply.
Always check with the Clerk of District Court for any specific local forms or procedural quirks before filing.
Timeline & Fees
Filing Fees (Dawson County)
- Petition for Probate: approximately $100
- Certified copies of Letters: approximately $2 per document plus copy fees
- Publication costs: approximately $150-$300 depending on the length of the notice
- Recording fees: vary by document length (for real estate transfers)
Montana law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee; verify with the Clerk.
Estimated Timelines
- Simple estates (informal): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 4 months from the date of first publication, which sets a minimum timeline for closing the estate.
Local Resources
Dawson County Court Resources
- Court Website: dawsonmt.gov
- Montana Probate Forms: State Law Library
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — montanabar.org
- Montana Legal Services Association: (800) 666-6899 — mtlsa.org
Publication
- Glendive Ranger-Review: (406) 377-3303 — rangerreview.com