Overview
Toole County is located in Montana with a population of approximately 4,971. The Toole 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 Title 72 of the Montana Code Annotated (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. If the value of the entire estate, less liens and encumbrances, does not exceed $50,000, successors may file a Small Estate Affidavit (Affidavit for Collection of Personal Property) 30 days after death to collect assets without full probate.
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 Toole 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
Toole County District Court
Probate matters in Toole County are handled at the Toole County Courthouse.
Address: 226 1st St S, Shelby, MT 59474
Phone: (406) 424-8300 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located on the main floor of the courthouse.
Parking and Access
Street parking is generally available around the courthouse square in Shelby. 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 assets 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship do not require probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file a Petition for Probate with the Toole County District Court. Include:
- Original Will (if applicable)
- Application for Informal Probate or Petition for Formal Probate
- Certified death certificate
- Filing fee ($100)
- Order Appointing Personal Representative and Letters
Montana allows for both "Informal" (administrative, less court supervision) and "Formal" (litigated or judge-approved) probate.
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 Toole County, such as the Shelby Promoter, 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 can often approve the application without a hearing if all paperwork is in order. Once appointed, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims after the first publication of notice.
- 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
Toole 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 all beneficiaries.
- Publication: Notice to creditors is typically published in the Shelby Promoter.
- Local Rules: The 9th Judicial District (which includes Toole County) may have specific local rules regarding scheduling and document formatting.
Always check with the Clerk of Court for the most current filing requirements.
Timeline & Fees
Filing Fees (Toole County)
- Initial Probate Filing: approximately $100
- Certified copies of Letters: approximately $2 per document plus $2 for certification
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Recording fees: vary by document length (if recording deeds with Clerk & Recorder)
Payment Methods
The court typically accepts cash, checks, or money orders. Confirm credit card acceptance and associated convenience fees directly with the Clerk.
Estimated Timelines
- Simple estates (Informal): 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
Toole County Court Resources
- Court Website: toolecountymt.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
- Shelby Promoter: (406) 434-5241 — Official newspaper for legal notices in Toole County