Overview
Teton County is located in Montana with a population of approximately 6,400. The Montana 9th 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 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.
For smaller estates, Montana offers a simplified procedure known as Collection of Personal Property by Affidavit. This process is available if the value of the entire estate, less liens and encumbrances, does not exceed $50,000.
Montana law allows for reasonable compensation for personal representatives and attorneys, though it does not mandate a specific statutory fee schedule based on a percentage of the estate. Fees are typically determined by the time and effort involved.
This guide provides an informational overview of the Teton 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
Montana 9th Judicial District Court
Probate matters in Teton County are handled at the Teton County Courthouse.
Address: 1 Main Ave South, Choteau, MT 59422 (Mailing: PO Box 487)
Phone: (406) 466-2909 (Clerk of District Court)
Hours: Contact the Clerk's office for current hours
The Clerk of District Court's office is located on the main floor of the courthouse. The 9th Judicial District also serves Glacier, Pondera, and Toole counties.
Parking and Access
Street parking is generally available around the courthouse square in Choteau. 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:
- Collection of Personal Property by Affidavit: If the estate is valued at $50,000 or less (less liens and encumbrances), you may be able to skip formal probate after a 30-day waiting period.
- Joint Tenancy & Beneficiary Designations: Assets held in joint tenancy with right of survivorship or with named beneficiaries (POD/TOD) generally pass outside of 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 Montana 9th Judicial District Court. Include:
- Original Will (if applicable)
- Application for Informal Probate or Petition for Formal Probate
- Certified death certificate
- Filing fee ($100.00)
- 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 (for formal probate) or notice of appointment (for informal probate) to all heirs, devisees, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Teton County, such as the Choteau Acantha, once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. For informal probate, the Clerk may issue Letters without a hearing if the application is complete and no objections are filed. Once appointed, the court issues 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 administrative 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
Teton County-Specific Procedures
- Filing Method: Documents are typically filed in person or by mail with the Clerk of District Court.
- Bond: Bond may be required unless waived by the will or by the court.
- Local Rules: The 9th Judicial District may have specific local rules regarding scheduling and document formatting; contact the Clerk for details.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Teton County, typically the Choteau Acantha, for three consecutive weeks.
Always check with the Clerk of District Court for the most up-to-date local requirements.
Timeline & Fees
Filing Fees (Teton County)
- Probate Commencement (Formal or Informal): $100.00
- Certified copies of Letters: approximately $2.00 for certification plus $1.00 per page
- Publication costs: approximately $100-$200 depending on the length of the notice
- Recording Fees: $8.00 per page (if recording deeds with the Clerk & Recorder)
Montana does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable."
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with an additional convenience 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 several years
The creditor claim period in Montana is 4 months from the first date of publication, which sets a minimum timeline for closing the estate.
Local Resources
Teton County Court Resources
- Court Website: tetoncountymt.gov
- 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 — mtlsa.org
Publication
- Choteau Acantha: (406) 466-2403 — Newspaper of general circulation in Teton County