Overview
Valley County is located in Montana with a population of approximately 7,500. The Valley 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 Montana Code Annotated (MCA) Title 72. The process begins with filing a Petition for Probate (Formal or Informal) 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 use an Affidavit for Collection of Personal Property to collect assets without full probate administration, provided at least 30 days have elapsed since the death.
Montana does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable and are subject to court approval if contested.
This guide provides an informational overview of the Valley 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
Valley County Clerk of District Court
Probate matters in Valley County are handled at the Valley County Courthouse.
Address: 501 Court Square #6, Glasgow, MT 59230
Phone: (406) 228-6268 (Clerk of District Court main office)
Direct Line: (406) 228-6290 (Tara Strommen, Clerk of Court)
Hours: Contact the Clerk's office for current hours
The Clerk of District Court is located on the main floor of the courthouse. The office accepts filings for all civil and probate matters.
Parking and Access
Free street parking is generally available around the courthouse square in Glasgow. The building 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 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 (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship pass directly to the survivor.
- 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 (Formal or Informal) with the Valley County District Court. Include:
- Original Will (if applicable)
- Application or Petition for Probate
- Certified death certificate
- Filing fee ($100)
- Proposed Order and Letters
E-filing may be available for attorneys; pro se litigants typically file in paper.
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 Valley County, such as the Glasgow Courier, once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. If there are no objections, the judge reviews the petition and issues Letters Testamentary or Letters of Administration. Informal probate is often processed by the Clerk without a hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months for claims to be filed
- 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
Valley County-Specific Procedures
- Filing Method: The court accepts paper filings. Check with the Clerk regarding current e-filing policies for attorneys.
- Bond: Bond may be required unless waived by the will or by all interested persons.
- Local Rules: The 17th Judicial District rules may apply. Always check with the Clerk for specific local forms or cover sheet requirements.
- Publication: Notice is typically published in the Glasgow Courier.
Consult the Clerk of Court for the most up-to-date local administrative orders.
Timeline & Fees
Filing Fees (Valley County)
- Initial Probate Petition: approximately $100
- Affidavit for Collection of Personal Property: No court filing fee (presented directly to asset holders), though recording with Clerk & Recorder may incur a small fee.
- Certified copies of Letters: approximately $2.00 for certification + copy costs (e.g., $0.50/page)
- Publication costs: approximately $100-$200 depending on the newspaper length
- Recording Fees: $8/page for standard documents if recording real estate transfers
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; call ahead to confirm.
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 4 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 18 months to 2 years or more
The creditor claim period in Montana is 4 months from the date of the first publication of notice.
Local Resources
Valley County Court Resources
- Court Website: valleycountymt.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
- Glasgow Courier: (406) 228-9301 — glasgowcourier.com