Overview
Silver Bow County is located in Montana with a population of approximately 36,134. The Second 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 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 valued at $100,000 or less (less liens and encumbrances). This process uses an Affidavit for Collection of Personal Property and does not require a full court proceeding, provided at least 30 days have passed since the death.
Montana does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are often based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Silver Bow 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
Second Judicial District Court
Probate matters in Silver Bow County are handled at the Silver Bow County Courthouse.
Address: 155 W. Granite St., Room 313, Butte, MT 59701
Phone: (406) 497-6350 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of the District Court is located in Room 313. The court handles all probate filings, will deposits, and estate administration matters.
Parking and Access
Street parking is available around the courthouse, with many areas designated as 2-hour free parking zones. There is also a public parking garage located at 60 W. Park Street. The courthouse is accessible to the public during business hours with security screening 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 (less liens) is valued at $100,000 or less, you may be able to use an Affidavit for Collection of Personal Property after a 30-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship generally 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 Second Judicial District Court. Include:
- Petition for Probate (Formal or Informal)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $100 for opening the estate)
- Proposed Order and Letters
Silver Bow County participates in the Montana Courts E-Filing system (MTEFile). Attorneys are generally required to e-file, while self-represented litigants may file in paper or request e-filing access.
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, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Silver Bow County, such as The Montana Standard, for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required; the Clerk can issue Letters upon review of the application. For formal probate, the court will schedule a hearing to validate the will and appoint the representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims
- Inventory and appraise all estate assets within 3 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
Silver Bow County-Specific Procedures
- E-filing: Silver Bow County utilizes the Montana Courts E-Filing system. Check with the Clerk's office for specific pro se filing instructions.
- Bond requirements: Bond is often waived if the will requests it or if all beneficiaries consent, but the court may require it in certain intestate cases.
- Local court rules: The Second Judicial District has local rules regarding scheduling and motion practice; consult the Clerk for the most current local rules.
- Publication: Notice must be published in a newspaper of general circulation in Silver Bow County for three successive weeks.
Always check with the Clerk of District Court for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Silver Bow County)
- Probate Commencement: approximately $100
- Recording Fee: $20 for the first page (effective Oct 1, 2025)
- Certified copies of Letters: approximately $2 per certification plus copy costs
- Publication costs: approximately $100-$200 depending on the newspaper
- Search Fee: $2 per name per year searched
Montana law requires attorney and personal representative fees to be "reasonable." There is no statutory percentage fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (fees may apply). E-filing fees are paid via the online system.
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Montana is 4 months from the date of the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Silver Bow County Court Resources
- Court Website: co.silverbow.mt.us
- Probate Self-Help: courts.mt.gov
- Montana Probate Forms: courts.mt.gov
Legal Aid and Attorney Referrals
- State Bar of Montana: (406) 442-7660 — montanabar.org
- Montana Legal Services Association: (800) 666-6899 — Provides legal aid to eligible low-income residents.
Publication
- The Montana Standard: (406) 496-5500 — Primary newspaper for legal notices in Butte/Silver Bow.