Overview
Garfield County is located in Montana with a population of approximately 1,200. 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 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 (net of liens and encumbrances). Successors may collect assets via an Affidavit for Collection of Personal Property 30 days after the decedent's death.
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 Garfield 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 Garfield County are handled at the Garfield County Courthouse.
Address: 352 Leavitt Ave, P.O. Box 8, Jordan, MT 59337
Phone: (406) 557-6254 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (contact clerk to confirm hours)
The Clerk of District Court is located in the county courthouse and accepts filings for all probate matters.
Parking and Access
Street parking is generally available around the courthouse in Jordan.
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 (net of liens), successors may collect assets by affidavit 30 days after death.
- Transfer on Death Deeds (TODD): Real property can be transferred outside probate if a TODD was recorded before 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 a Petition for Probate with the 16th Judicial District Court. Include:
- Original Will (if applicable)
- Application/Petition for Probate
- Certified death certificate
- $100 filing fee
- Order Appointing Personal Representative and Letters
E-filing is generally not mandatory in Garfield County; check with the clerk for current options.
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 Garfield County for three consecutive 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 and mail to known creditors (creditors have 4 months 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
Garfield County-Specific Procedures
- Paper Filing: Most filings are done in paper; contact the clerk for email/fax filing options.
- Filing Fees: $100 initial fee for probate commencement.
- Local Rules: Follow Montana Uniform District Court Rules and 16th Judicial District Rules.
- Publication: Notice must be published in a newspaper of general circulation in Garfield County for three consecutive weeks.
Always verify specific local requirements with the Clerk of District Court.
Timeline & Fees
Filing Fees (Garfield County)
- Probate Commencement: approximately $100
- Judgment/Decree Fee: approximately $45
- Certified copies of Letters: approximately $2 per certification plus copy costs
- Publication costs: approximately $100-$200 depending on the newspaper
- Copy fees: approximately $1 per page
Montana law requires attorney and personal representative fees to be reasonable; there is no statutory percentage.
Payment Methods
The court accepts Cash, Check, and Money Orders. Credit cards may not be accepted or may carry a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditor claim periods (4 months) and inventory deadlines (9 months) significantly affect the timeline.
Local Resources
Garfield County Court Resources
- Court Website: courts.mt.gov
- Probate Self-Help: Montana Judicial Branch End of Life Forms
- Montana Probate Forms: Montana Supreme Court Forms
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — Lawyer Referral Service
- Montana Legal Services Association: (800) 666-6899 — Civil legal aid for low-income residents
- State Bar Lawyer Referral: montanabar.org
Publication
- The Jordan Tribune: (406) 557-2337 — Official newspaper for legal notices