Overview
Glacier County is located in Montana with a population of approximately 13,503. The 9th 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 the Uniform Probate Code (Title 72, 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, successors may collect personal property by affidavit 30 days after death without full probate 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 Glacier 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
9th Judicial District Court
Probate matters in Glacier County are handled at the Glacier County Courthouse.
Address: 512 East Main Street, Cut Bank, MT 59427
Phone: (406) 873-3618 (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 9th Judicial District also serves Pondera, Teton, and Toole counties.
Parking and Access
Street parking is generally available around the courthouse in Cut Bank. 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 $50,000 or less (less liens), successors may claim assets via affidavit 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy 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 9th Judicial District Court. Include:
- Original Will (if applicable)
- Application for Informal Probate or Petition for Formal Probate
- Certified death certificate
- Filing fee ($100)
- Proposed Order and Letters
E-filing is available in Glacier County through the Montana Courts E-Filing system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or notice of appointment (for informal probate) to heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Glacier County (e.g., Glacier Reporter) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, the Clerk can often process the application without a hearing if all paperwork is in order. For formal probate, a hearing is scheduled. Upon approval, the court issues Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims after first 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 Sworn Statement to Close Estate or petition for a formal closing decree.
Local Requirements
Glacier County-Specific Procedures
- E-filing: Glacier County participates in the Montana Courts E-Filing system.
- Venue: Probate should be filed in the county where the decedent was domiciled.
- Bond: Bond may be required unless waived by the will or the court.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Glacier County, such as the Glacier Reporter or Cut Bank Pioneer Press, for three consecutive weeks.
Always check with the Clerk of District Court for the most current local rules and filing requirements.
Timeline & Fees
Filing Fees (Glacier County)
- Initial Probate Filing: approximately $100
- Certified copies of Letters: approximately $2 per document plus copying fees
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: vary by document length
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Minimum 30-day waiting period after death.
- Informal Probate: Can be opened quickly; minimum 6 months to close (due to 4-month creditor period).
- Average estates: 9-12 months.
- Complex or contested estates: 12 months to several years.
The creditor claim period (4 months from first publication) is a primary factor in the timeline.
Local Resources
Glacier County Court Resources
- Court Website: glaciercountymt.gov
- Probate Self-Help: courts.mt.gov
- Montana Probate Forms: courts.mt.gov
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — Attorney referrals
- Montana Legal Services Association: (800) 666-6899 — Legal aid for qualifying residents
- MontanaLawHelp.org: montanalawhelp.org
Publication
- Glacier Reporter: (406) 873-2201 — Legal notices
- Cut Bank Pioneer Press: (406) 873-2201