Overview
Fallon County is located in Montana with a population of approximately 2,946. The 16th 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 Montana Code Annotated 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 $100,000, successors may use an Affidavit for Collection of Personal Property to collect assets without full probate administration.
Montana law does not set a statutory percentage for attorney or personal representative fees; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Fallon 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
16th Judicial District Court
Probate matters in Fallon County are handled at the Fallon County Courthouse.
Address: 10 W Fallon Ave, Baker, MT 59313
Phone: (406) 778-7114 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is located within the county courthouse. The 16th Judicial District serves Fallon, Carter, Custer, Garfield, Powder River, Rosebud, and Treasure counties.
Parking and Access
Street parking is generally available around the courthouse in Baker. 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 $100,000 or less (less liens), successors can use an affidavit 30 days after death to collect assets.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship bypass probate.
- 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 16th Judicial District Court. Include:
- Petition for Probate (Formal or Informal)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($100)
- Proposed Order and Letters
E-filing may be available; check with the Clerk of Court for current local 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 (for formal probate).
- Publish notice to creditors in a newspaper of general circulation in Fallon County, such as the Fallon County Times, 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 Testamentary or Letters of Administration. Informal probate typically does not require a hearing if the clerk approves the application.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 4 months from the date of first publication to file claims.
- Inventory and appraise all estate assets within 3 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
Fallon County-Specific Procedures
- Filing Location: All documents are filed with the Clerk of District Court in Baker.
- Local Rules: The 16th Judicial District may have specific local rules regarding scheduling and document formatting.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Fallon County, typically the Fallon County Times, for three consecutive weeks.
Always verify specific local requirements with the Clerk of Court before filing.
Timeline & Fees
Filing Fees (Fallon County)
- Probate Commencement (Petition): approximately $100
- Certified copies of Letters: approximately $2 per certified copy (plus copy fees)
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: vary by document length
Montana does not have a statutory fee schedule based on a percentage of the estate; fees are based on "reasonable compensation."
Payment Methods
The court typically accepts cash, checks, or money orders. Confirm credit card acceptance and any associated convenience fees directly with the Clerk.
Estimated Timelines
- Simple estates (Informal): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 4 months from the first date of publication, which sets a minimum timeline for closing the estate.
Local Resources
Fallon County Court Resources
- Court Website: courts.mt.gov
- Probate Self-Help: Montana Judicial Branch Self-Help
- Montana Probate Forms: Standard State Forms
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — montanabar.org
- Montana Legal Services Association: (800) 666-6899 — mtlsa.org
Publication
- Fallon County Times: (406) 778-3344 — Official newspaper for legal notices in Fallon County.