Overview
Lincoln County is located in Montana with a population of approximately 22,184. The 19th 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. If the value of the entire estate, less liens and encumbrances, does not exceed $50,000, successors may use a Small Estate Affidavit (Affidavit for Collection of Personal Property) to collect assets without full court administration. This affidavit can be used 30 days after the decedent's death.
Montana does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Instead, fees must be "reasonable" based on the services provided (MCA 72-3-611 and 72-3-631).
This guide provides an informational overview of the Lincoln 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
19th Judicial District Court
Probate matters in Lincoln County are handled by the Clerk of District Court at the Lincoln County Courthouse.
Address: 512 California Ave, Libby, MT 59923
Phone: (406) 283-2342 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is located on the second floor of the courthouse. The 19th Judicial District serves Lincoln County exclusively.
Parking and Access
Public parking is available on the streets surrounding the courthouse (California Ave and 6th St) and in designated lots nearby. The building is accessible to the public during business hours, with security screening required 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 is valued at $50,000 or less (after liens), you may be able to use an affidavit 30 days after death to collect assets without court appointment.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held in joint tenancy with right of survivorship pass directly to the survivor.
- 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 19th Judicial District Court. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $100)
- Order Appointing Personal Representative and Letters
Montana allows for both Informal (administrative, less court supervision) and Formal (litigated or judge-approved) probate proceedings.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice of the appointment to all heirs, devisees, and interested parties within 30 days.
- Publish notice to creditors in a newspaper of general circulation in Lincoln County (such as The Western News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if the paperwork is in order. For formal probate, the court will schedule a hearing to admit the will and appoint the representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the first publication of notice to file claims)
- 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 order
Local Requirements
Lincoln County-Specific Procedures
- Filing Method: Documents are typically filed in person or by mail with the Clerk of District Court. Check with the clerk regarding current e-filing availability for probate matters.
- Venue: Probate should be filed in Lincoln County if the decedent was domiciled there or owned property there (if not domiciled in Montana).
- Publication: Notice to creditors is typically published in The Western News or The Montanian.
- Local Rules: The 19th Judicial District may have specific local rules regarding scheduling and document formatting; it is advisable to contact the clerk for specific preferences.
Timeline & Fees
Filing Fees (Lincoln County)
- Probate Commencement (Petition): approximately $100
- Certified copies of Letters: approximately $2 per document plus copy fees
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Recording fees: vary by document length (for real estate transfers)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; verify with the clerk before visiting.
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 4 months for creditor claims)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The 4-month creditor claim period is a primary factor in the minimum duration of probate.
Local Resources
Lincoln County Court Resources
- Court Website: lincolncountymt.us
- Probate Self-Help: Montana Judicial Branch - Wills & Probate
- 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
- The Western News: (406) 293-4124 — Newspaper of general circulation in Libby/Lincoln County
- Tobacco Valley News: (406) 297-2514 — Serving Eureka and northern Lincoln County