Overview
Hill County is located in Montana with a population of approximately 16,309. The Hill 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 the Uniform Probate Code (Title 72, MCA). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (for testate estates) or a Petition for Adjudication of Intestacy (for intestate estates). The court then issues Letters Testamentary or Letters of Administration.
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 collect personal property 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 Hill 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
Hill County District Court
Probate matters in Hill County are handled at the Hill County Courthouse.
Address: 315 4th Street, Havre, MT 59501
Phone: (406) 400-2414 (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 historic Hill County Courthouse in Havre. The Twelfth Judicial District serves Hill, Chouteau, and Liberty counties.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours, with security screening procedures in place at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's value (less liens) is $50,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held in joint tenancy with right of survivorship pass directly to the co-owner or 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 the appropriate petition with the Hill County District Court. Include:
- Petition for Probate (Formal or Informal)
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee ($100)
- Proposed Order and Letters
E-filing may be available for attorneys; pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or notice of appointment (for informal probate) to all heirs, devisees, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Hill County, such as the Havre Daily News, once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. Informal probate is often processed by the Clerk without a hearing if all paperwork is in order. Once approved, the Clerk or Judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months for claims to be filed.
- Inventory and appraise all estate assets within 9 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state intestacy laws.
- File a Sworn Statement to Close Estate or a formal petition for discharge to conclude the process.
Local Requirements
Hill County-Specific Procedures
- Filing Method: The Clerk of District Court accepts filings in person or by mail. Check with the clerk regarding current e-filing policies for your specific case type.
- Local Rules: The Twelfth Judicial District may have specific local rules regarding scheduling and document formatting.
- Publication: Notice to creditors is typically published in the Havre Daily News.
- Bond: A bond may be required unless waived by the will or by the court.
Always verify the specific requirements with the Clerk of District Court before filing.
Timeline & Fees
Filing Fees (Hill County)
- Probate Petition (Formal or Informal): $100.00
- Small Estate Affidavit: ~$1.00 - $5.00 (varies if filed/recorded)
- Certified copies of Letters: ~$2.00 per document + copy costs
- Publication costs: Approximately $100 - $200 depending on the length of the notice
- Recording Fees: Varies by document length (for real estate deeds)
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with an additional convenience fee.
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 6 months to clear creditor period and close)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Montana is 4 months from the date of the first publication of notice.
Local Resources
Hill County Court Resources
- Court Website: hillcounty.us
- Probate Self-Help: Montana Judicial Branch Self-Help
- State Probate Forms: Montana Court 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
- Havre Daily News: (406) 265-6795 — havredailynews.com