Overview
Stillwater County is located in Montana with a population of approximately 9,450. The Stillwater County District Court (22nd Judicial District) 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 (for testate estates) or a Petition for Adjudication of Intestacy and Appointment of Personal Representative (for intestate estates). The court then issues Letters Testamentary or Letters of Administration.
Simplified Procedures: Montana offers a simplified process 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 by presenting a Small Estate Affidavit (Affidavit for Collection of Personal Property) to the holder of the property 30 days after death.
Fees: The personal representative is entitled to reasonable compensation for their services. Attorneys are also entitled to reasonable fees, which may be based on a written agreement or the time and effort involved. Montana does not have a mandatory statutory percentage fee schedule for attorneys, though "reasonable" is often interpreted by the court.
This guide provides an informational overview of the Stillwater 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
Stillwater County District Court
Probate matters in Stillwater County are handled at the Stillwater County Courthouse.
Address: 400 E 3rd Ave North, Columbus, MT 59019
Mailing Address: PO Box 367, Columbus, MT 59019
Phone: (406) 322-8030 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is responsible for maintaining all court records, including probate files.
Parking and Access
Free street parking is generally available around the courthouse square in Columbus. 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 (less liens) is valued at $50,000 or less, you may be able to skip court proceedings and collect assets via affidavit after a 30-day waiting period.
- 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 Stillwater County District Court. You will typically need:
- Petition for Probate (Formal or Informal)
- Original Will (if one exists)
- Certified Death Certificate
- Filing Fee ($100 base fee, plus potential judgment fees)
- Proposed Order and Letters
E-Filing: Stillwater County District Court participates in the Montana Courts E-Filing system. Check with the clerk or the Montana Courts E-Filing portal for registration and usage instructions.
Step 3: Provide Notice
After appointment, you must:
- Mail notice of the appointment to all heirs and devisees within 30 days.
- Publish notice to creditors in a newspaper of general circulation in Stillwater County (such as the Stillwater County News) once a week for three successive weeks.
- Mail notice to known creditors.
Step 4: Administration
The personal representative has the authority to manage the estate without constant court supervision (in informal probate). Key duties include:
- Inventory and Appraise: Prepare an inventory of estate assets within 9 months of appointment.
- Pay Debts: Valid creditor claims must be paid. Creditors generally have 4 months from the date of the first publication of notice to file claims.
- Taxes: File final income tax returns for the decedent and the estate.
Step 5: Close the Estate
Once debts and taxes are paid and assets are ready for distribution:
- Distribute remaining assets to beneficiaries/heirs.
- File a Sworn Statement to Close Unsupervised Administration or a Petition for Formal Closing to discharge the personal representative and close the file.
Local Requirements
Stillwater County-Specific Procedures
- E-Filing: The court accepts electronic filings via the state system.
- Publication: Notice to creditors is typically published in the Stillwater County News.
- Local Forms: While the county does not maintain a separate library of unique probate forms, the Montana Judicial Branch provides standard forms accepted statewide.
- Hearings: Informal probate typically does not require a hearing unless the clerk declines the application or an objection is filed. Formal probate will require a hearing before a judge.
Timeline & Fees
Filing Fees (Stillwater County)
- Probate Commencement (Petition): $100.00
- Judgment/Decree Fee: ~$50.00 (often assessed at closing or filing of order)
- Certified Copies: ~$2.00 per page plus certification fee
- Publication Costs: Varies by newspaper (approx. $100-$200)
Payment Methods
The Clerk of Court typically accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Creditor Claim Period: 4 months from first publication.
- Inventory Due: Within 9 months of appointment.
- Simple Estates: 6 to 9 months minimum.
- Complex Estates: 12 months or longer.
Local Resources
Stillwater County Court Resources
- Clerk of District Court: Stillwater County Website
- Montana Courts E-Filing: mtefile.courts.mt.gov
- State Probate Forms: Montana Judicial Branch 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
- Stillwater County News: (406) 322-5334 — stillwatercountynews.com