McCone County District Court Guide

Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, or owing the decedent a debt, must pay or deliver it to a claiming successor who presents a compliant affidavit (Mont. Code Ann. § 72-3-1101). The affidavit is NOT filed with the McCone County District Court and carries no filing fee. The measure is the value of the probate estate, wherever located, less liens and encumbrances, and it does not exceed $100,000 (raised from $50,000 by Ch. 453, L. 2023, SB 286, effective October 1, 2023). A house in the probate estate counts toward that figure, but the affidavit cannot transfer real property.

• 30 days have elapsed since the death
• The value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000 (for deaths on or after October 1, 2023)
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The claiming successor is entitled to payment or delivery of the property

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

The personal representative may immediately disburse and distribute the estate without giving notice to creditors, and close by a verified statement under Mont. Code Ann. § 72-3-1104. This route closes an estate that has already been opened, so a personal representative is already appointed and the $100 filing fee has already been paid.

• A personal representative must be appointed
• An inventory and appraisal must show the estate fits within the allowances and listed expenses
• Distribute to the persons entitled
• File the § 72-3-1104 closing statement and send it to distributees and known unpaid claimants

Qualifies:

No dollar figure. Available where the inventory and appraisal show the entire estate, less liens and encumbrances, does not exceed the homestead allowance ($22,500), exempt property ($15,000), the family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary last-illness medical and hospital expenses.

Attorney:

not required by law, though many families use one

An application for informal probate or informal appointment is filed with the Clerk of District Court in Circle, and the CLERK makes the findings (Mont. Code Ann. § 72-3-212) and the appointment, no sooner than 120 hours after death (§ 72-3-225(1); 30 days for a nonresident decedent unless the domiciliary personal representative applies). A formal testacy or appointment proceeding is heard by a district judge on notice (§ 72-3-301), and supervised administration keeps the estate under the court's continuing authority (§ 72-3-401). Probate or appointment generally may not be started more than 3 years after death (§ 72-3-122). The personal representative prepares the inventory within 9 months after appointment (§ 72-3-607) and may close by sworn statement no earlier than 6 months after appointment (§ 72-3-1004).

• File the application or petition with the Clerk of District Court in the county of the decedent's domicile at death
• Lodge the original will if there is one, and a certified death certificate
• Publish notice to creditors once a week for 3 successive weeks (Mont. Code Ann. § 72-3-801(1), mandatory)
• Prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607)
• Wait at least 6 months from appointment before filing a closing statement (Mont. Code Ann. § 72-3-1004)

Qualifies:

No dollar threshold. This is the ordinary route for a Montana estate that does not fit a small-estate shortcut.

Filing fee:

$100

source

Attorney:

not required by law, though many families use one

Informal, formal and supervised are procedures, not fee tiers: each is opened by the same $100 filing fee on the statewide clerks' schedule.

A petition for formal probate or adjudication of intestacy asks the district court for an order after notice and hearing (§ 72-3-301). The court or clerk fixes a hearing; notice goes to the surviving spouse, children and other heirs, the devisees and executors, and any unterminated personal representative, with notice by publication to unknown persons and persons whose addresses are unknown (§ 72-3-305).

• File a petition for formal testacy or appointment in the district court (§ 72-3-301)
• Give notice of the hearing to heirs, devisees, executors and any personal representative, and by publication to unknown persons (§ 72-3-305)
• Attend the hearing; a contested case is decided by the judge

Qualifies:

No dollar threshold. Used where a will is contested, the heirs or the will's validity need a judicial order, or an interested person wants one.

Attorney:

not required by law, though many families use one

The applicant files a verified application with the clerk of district court in the county of domicile. Notice of the application is required only to a person who has filed a demand for notice and to any personal representative not terminated (§ 72-3-211 for probate), and, for appointment, to a person with a prior or equal right to appointment who has not waived it in writing (§ 72-3-221). The clerk makes the statutory findings (§§ 72-3-212, 72-3-222) and, once at least 120 hours have passed since death, appoints the applicant (§ 72-3-225(1)). A nonresident decedent's appointment waits 30 days unless the domiciliary personal representative applies or the will directs Montana law. No judge hearing is involved.

• File a verified application with the clerk of district court in the county of the decedent's domicile
• Lodge the original will, if there is one (§ 72-3-212(5)); a will is effective to transfer property only once probated, except for a small estate affidavit (§ 72-3-102)
• Give notice only to persons who demanded it, any unterminated personal representative, and anyone with a prior or equal right to appointment who has not waived it
• Within 30 days of appointment, tell the heirs and devisees (§ 72-3-603)
• Publish notice to creditors once a week for 3 successive weeks (§ 72-3-801(1), mandatory)
• Prepare the inventory within 9 months after appointment (§ 72-3-607)
• Close by verified closing statement no earlier than 6 months after appointment (§ 72-3-1004)

Qualifies:

No dollar threshold. The ordinary route for an uncontested Montana estate.

Attorney:

not required by law, though many families use one

A single in rem proceeding to secure complete administration under the continuing authority of the court, until an order approving distribution and discharging the personal representative. A supervised personal representative is responsible to the court as well as the interested parties (§ 72-3-401). A supervised estate cannot be closed by sworn statement under § 72-3-1004.

Qualifies:

No dollar threshold.

Attorney:

not required by law, though many families use one

Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, or owing the decedent a debt, must pay or deliver it to a claiming successor who presents a compliant affidavit, and a transfer agent must re-register securities. The affidavit is NOT filed with a court. The holder is discharged as if it dealt with a personal representative (§ 72-3-1102). The State Law Library publishes an unnumbered affidavit packet.

• 30 days have elapsed since the death
• The value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000 (for deaths on or after October 1, 2023)
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The claiming successor is entitled to payment or delivery of the property

Qualifies:

$100,000 or less for deaths on or after October 1, 2023 ($50,000 before), measured as the value of the probate estate, wherever located, less liens and encumbrances. Real property in the probate estate counts toward the figure but cannot be transferred by the affidavit.

Attorney:

not required by law, though many families use one