Overview
McCone County is located in Montana with a population of approximately 1,700. The McCone 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 Montana Code Annotated (MCA) 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 $50,000, successors may use a Small Estate Affidavit (Affidavit for Collection of Personal Property) to collect assets 30 days after death 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 McCone 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
McCone County District Court
Probate matters in McCone County are handled at the McCone County Courthouse.
Address: 1004 C Avenue, Circle, MT 59215
Phone: (406) 485-3410 (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 main floor of the courthouse. The 7th Judicial District serves McCone, Dawson, Richland, Prairie, and Wibaux counties.
Parking and Access
Street parking is generally available around the courthouse square in Circle. The building is accessible to the public during 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, you may be able to use an affidavit to collect personal property 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or payable-on-death accounts) 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 McCone County 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 may be available; check with the Clerk of Court for current electronic filing options and requirements.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs, devisees, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in McCone County, such as The Circle Banner, 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 administratively 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 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
McCone County-Specific Procedures
- Filing Method: Documents are typically filed in person or by mail. Contact the Clerk for e-filing availability.
- Bond: Bond may be required unless waived by the will or by all interested persons.
- Publication: Notice to creditors must be published in a local newspaper, typically The Circle Banner.
- Local Rules: The 7th Judicial District may have specific local rules regarding scheduling and document formatting.
Always check with the Clerk of District Court for the most up-to-date local filing requirements.
Timeline & Fees
Filing Fees (McCone County)
- Probate Commencement (Petition): $100.00
- Certified copies of Letters: $2.00 for certification + $1.00 per page (first 10 pages)
- Publication costs: approximately $100-$250 depending on the length of the notice
- Copy fees: $1.00 per page (first 10 pages), $0.50 per page thereafter
Montana law requires attorney and personal representative fees to be "reasonable" rather than following a fixed percentage schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with an additional processing fee; verify with the Clerk.
Estimated Timelines
- Simple estates (informal, no disputes): 6-12 months
- 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
McCone County Court Resources
- Court Website: mcconecountymt.gov
- Probate Self-Help: Montana Judicial Branch - End of Life
- 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 Circle Banner: (406) 485-3332 — Official newspaper for legal notices in McCone County