Overview
Roosevelt County is located in Montana with a population of approximately 10,197. The 15th 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. 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.
For smaller estates, Montana offers a simplified procedure using an Affidavit for Collection of Personal Property if the value of the entire estate, less liens and encumbrances, does not exceed $50,000.
Montana does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on services provided.
This guide provides an informational overview of the Roosevelt 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
15th Judicial District Court
Probate matters in Roosevelt County are handled at the Roosevelt County Courthouse.
Address: 400 2nd Avenue South, Suite 210, Wolf Point, MT 59201
Phone: 406-653-6266 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is located in the county courthouse. They accept filings for probate, adoption, and civil matters.
Parking and Access
Street parking is generally available around the courthouse in Wolf Point. 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), you may be able to use an affidavit to collect assets 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or POD 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 15th Judicial District Court. Include:
- The original Will (if applicable)
- Certified death certificate
- Filing fee ($100)
- Proposed Order and Letters
Electronic filing may be available; check with the Clerk of Court for current e-filing procedures.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Roosevelt County (such as the Northern Plains Independent) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will review the petition. If everything is in order and no objections are filed, the judge or clerk will sign the Order and issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the date of first publication 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 final accounting and petition for discharge to close the estate
Local Requirements
Roosevelt County-Specific Procedures
- Forms: Probate forms can be downloaded from the Montana Judicial Branch website or purchased from the Clerk of Court for a small fee (approx. $5.00 per packet).
- Publication: Notice to creditors must be published in a local newspaper like the Northern Plains Independent or The Searchlight.
- Local Rules: The 15th Judicial District may have specific local rules regarding scheduling and document formatting; contact the clerk for details.
Always check with the Clerk of District Court for the most up-to-date local filing requirements.
Timeline & Fees
Filing Fees (Roosevelt County)
- Probate Petition: approximately $100
- Adoption Petition: approximately $105
- Certified copies: approximately $2.00 certification + $1.00 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: $8.00 per page (standard recording fee, subject to change)
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee; verify with the clerk.
Estimated Timelines
- Simple estates: 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
Roosevelt County Court Resources
- Court Website: rooseveltcountymt.gov
- Probate Self-Help: Montana Judicial Branch
- State Probate Forms: Montana Court Forms
Legal Aid and Attorney Referrals
- State Bar of Montana: 406-442-7660 — montanabar.org
- Montana Legal Services Association: 1-800-666-6899 — mtlsa.org
Publication
- Northern Plains Independent: 406-653-2775 — Wolf Point
- The Searchlight: 406-787-5821 — Culbertson