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Beaverhead County, MT Probate Information
Quick facts
| Item | Beaverhead County detail |
|---|---|
| Court | The Beaverhead County District Court, Montana's 5th Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 2 South Pacific Street, Suite 5, Dillon, MT 59725 |
| Mailing address | 2 South Pacific Street, Suite 5, Dillon, MT 59725 |
| Clerk phone | (406) 683-3725 |
| Fax | (406) 683-3728 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. |
| Filing fee | $100.00 to commence a formal, informal or ancillary probate, effective July 1, 2023 and updated May 17, 2024 in Beaverhead County's published clerk fee PDF. The statewide total is the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife. Beaverhead County also links a local copy of the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. |
| E-filing | E-filing is not available to self-represented litigants at this time, as stated by courts.mt.gov. Attorneys use electronic filing for enabled Beaverhead County District Court Probate (DP) matters under the Montana Temporary Electronic Filing Rules. |
| Case search | Montana's District Court Public Access Portal is reached through courts.mt.gov/Courts/portals. Beaverhead County District Court converted to FullCourt Enterprise in April 2021, and the clerk can answer what is available for a specific case. |
| Remote appearance | 5th Judicial District local rules allow Zoom appearance with prior notice to the opposing party and the clerk, but contested hearings require in-person appearance unless the court gives prior permission. Montana Rule of Civil Procedure 43(a) also permits testimony by contemporaneous transmission only for good cause in compelling circumstances. |
| Website | https://beaverheadcountymt.gov/clerk-of-district-court/ |
Before you begin — know the assets and liabilities
Before you file in Dillon, make a list of the decedent's probate assets, known debts, beneficiary designations and any jointly owned property. The right Beaverhead County estate settlement path depends on what is actually in the probate estate, whether a personal representative is needed, and whether anyone is likely to object.
Sunset's estate settlement tools help families find accounts and assets across more than 2,300 financial institutions before they prepare a probate packet or decide whether to ask a Beaverhead County attorney for help.
Which court handles jurisdiction
Probate for Beaverhead County is filed with the clerk of district court at the county courthouse in Dillon, 2 South Pacific Street, Suite 5. Venue for the first informal or formal proceeding is the county where the decedent had the decedent's domicile at death, or, if the decedent was not domiciled in Montana, any county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Beaverhead County is one of three counties in Montana's 5th Judicial District, with Jefferson and Madison Counties (Mont. Code Ann. § 3-5-101). Each county has its own clerk of district court, and a Beaverhead County filing goes to the Beaverhead clerk in Dillon. The 5th Judicial District's regular schedule places the district judge in Dillon on Tuesdays for criminal matters and Thursdays for DN matters under the local rules.
Montana uses the District Court for probate: the District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Justice Court and City Court that sit in Dillon and Lima, do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Identify the estate assets, debts, heirs, devisees and any nonprobate transfers before choosing a filing path for the Beaverhead County estate settlement.
- Prepare the Montana Judicial Branch probate forms from https://courts.mt.gov/Forms/endoflife. In an informal proceeding, the application goes to the clerk of district court, who makes the statutory findings and may issue the statement of informal probate after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). A formal probate uses a petition with notice to interested persons (Mont. Code Ann. § 72-3-301).
- File the packet with the clerk of district court at 2 South Pacific Street, Suite 5, Dillon. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time through courts.mt.gov. Attorneys use electronic filing for enabled Beaverhead Probate (DP) matters under the Montana Temporary Electronic Filing Rules.
- Pay the $100.00 commencement amount, effective July 1, 2023 and updated May 17, 2024 in the Beaverhead clerk fee PDF, unless the court grants a fee waiver through courts.mt.gov forms. The amount is based on Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- Handle any required notice. After appointment, the personal representative gives notice to creditors by publication once a week for 3 successive weeks, and creditors generally have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- Ask the clerk how the 5th Judicial District will place the matter on calendar if a hearing is needed. The local rules require parties to set and confirm hearing dates with the clerk, and Rule 6 states that personal appearance may not be required for a probate of an estate when proper documentation has been filed and no interested party objects.
- For Zoom or telephone participation, follow the 5th Judicial District local rules. Zoom requires prior notice to the opposing party and the clerk, and contested hearings require in-person attendance unless the court gives prior permission. Testimony by contemporaneous transmission is discretionary under Mont. R. Civ. P. 43(a).
- When the clerk of district court or the district judge approves the informal application, the court issues the statement of informal probate and the Letters of Authority through courts.mt.gov forms. Before receiving letters, the personal representative qualifies by filing any required bond and a statement of acceptance (Mont. Code Ann. § 72-3-512).
- Administer the estate, collect assets, pay valid claims and taxes, and prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607). Montana has no inheritance tax and Montana has no estate tax on a current death, but an estate may still have federal tax or Montana fiduciary income tax obligations through revenue.mt.gov.
- Finish the estate and address any local court reminders. The 5th Judicial District local rules say the clerk sends a notice to the personal representative 3 months before the local two-year estate deadline and that the court may require an appearance if the estate remains open without good cause.
Executor duties
In Beaverhead County, the local addition to statewide personal representative duties is the 5th Judicial District's estate-completion reminder practice. Rule 9 says the clerk sends notice to the personal representative 3 months before the local two-year deadline, and the court may require the personal representative and attorney to appear and explain why the estate has not been completed if good cause has not been shown.
This local rule does not replace Montana's statewide opening limit of 3 years after death (Mont. Code Ann. § 72-3-122), the creditor notice process (Mont. Code Ann. § 72-3-801), or the inventory deadline within 9 months after appointment (Mont. Code Ann. § 72-3-607). Treat it as a Beaverhead County administration checkpoint during estate settlement.
Forms and documents
Probate forms in Beaverhead County
Start with the Montana Judicial Branch probate forms under the Wills, Trusts, Powers of Attorney, Estate Planning and Probate category at https://courts.mt.gov/Forms/endoflife. The statewide materials include the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the How to Administer a Small Estate Packet under Mont. Code Ann. § 72-3-1101, the Fiduciary Statement, the Affidavit of Death and related probate materials.
Beaverhead County also links a fillable local copy of the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. That is a local convenience copy of the statewide form, not a separate Beaverhead-only probate packet. The 5th Judicial District local rules and the Beaverhead clerk materials do not identify a separate Beaverhead probate cover sheet, so call the clerk before filing if you want to confirm the current packet format.
Fees
Beaverhead County's published clerk fee PDF, effective July 1, 2023 and updated May 17, 2024, matches the statewide probate filing amount. It lists $100.00 for formal or informal probate and ancillary probate, based on Mont. Code Ann. § 25-1-201, with the statewide $20 additional filing fee under Mont. Code Ann. § 25-1-202 and $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317 included in the total.
| Fee item | Amount and authority |
|---|---|
| Probate commencement | $100.00, effective July 1, 2023 and updated May 17, 2024, for formal, informal or ancillary probate (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317) |
| Foreign probate with certificate | $85, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201) |
| Certification with seal | $2, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201) |
| Copies | $1 per page for the first 10 pages, then 50 cents per page, and 25 cents per page for electronic copies, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201) |
| Record search | $2 per name per year for up to 7 years, then $1 per name per additional year, effective July 1, 2023 and updated May 17, 2024 (Mont. Code Ann. § 25-1-201) |
Timeline
- The 5th Judicial District's typical weekly court schedule places the district judge in Beaverhead County on Tuesday for criminal matters and Thursday for DN matters, with other district days assigned to Madison and Jefferson Counties under the local rules.
- A party must set and confirm a hearing date with the clerk of court under the 5th Judicial District local rules.
- For probate of an estate, Rule 6 says a personal appearance may not be required when proper documentation has been filed and no interested party objects.
- For Zoom appearance, Rule 14 requires prior notice to the opposing party and the clerk. In contested hearings, attorneys and parties must appear in person unless the court gives prior permission to appear remotely under the local rules.
- The Beaverhead clerk's public Zoom information says to notify the clerk at [email protected] before planning to attend a hearing by Zoom, and says the courtroom remains open unless closed by court order.
Local nuance
Beaverhead County-specific considerations
| Local point | What it means in Beaverhead County |
|---|---|
| Judge location | Beaverhead is in Montana's 5th Judicial District with Jefferson and Madison Counties (Mont. Code Ann. § 3-5-101), but the regular weekly schedule places the district judge in Dillon on Tuesdays and Thursdays under the local rules. |
| Probate calendar treatment | Probate cases are exempt from the standard Rule 16(b) civil scheduling procedure under 5th Judicial District Local Rule 2.7. |
| No-objection appearances | Under Local Rule 6, personal appearance may not be required for probate of an estate when proper documentation has been filed and no interested party objects. Formal probate still requires notice where formal proceedings are used (Mont. Code Ann. § 72-3-301). |
| Local estate reminder | Under Local Rule 9, the clerk sends the personal representative notice 3 months before the local two-year estate deadline. If the estate remains open without good cause, the court may require an appearance. This local practice does not change Montana's 3-year outer limit to commence a proceeding (Mont. Code Ann. § 72-3-122). |
| Electronic filing | Beaverhead County District Court is Court ID 1 and is enabled for attorney electronic filing of Probate (DP) matters through courts.mt.gov. E-filing is not available to self-represented litigants at this time. |
Recent updates
| Update | What changed locally |
|---|---|
| 5th Judicial District local rules updated 10.14.25 | The updated local rules hosted by Beaverhead County state that cases are filed using electronic filing unless exempted by the Montana Judicial Branch electronic filing rules, and keep the probate scheduling, appearance and estate reminder rules used on this page. |
| Beaverhead attorney electronic filing status as of July 30, 2026 | courts.mt.gov lists Beaverhead County District Court as enabled for electronic filing, and the case-type table includes Probate (DP). E-filing is not available to self-represented litigants at this time. |
| Local clerk fee PDF updated May 17, 2024 | The Beaverhead clerk's fee PDF lists $100.00 for probate commencement, effective July 1, 2023, consistent with Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. |
Scenarios
| Situation | Likely Beaverhead County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating nonprobate transfers from probate assets. If a personal representative is needed, file in Dillon with the clerk of district court under the venue rule for domicile (Mont. Code Ann. § 72-3-112). The clerk and recorder is a separate land-records office, not the estate filing office. | Sunset helps identify accounts, debts and title clues before deciding whether a Beaverhead County probate filing is needed for the estate settlement. |
| Out-of-state adult child with a small estate | If only personal property is involved and the statutory conditions are met, the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 may be presented to the holder after the required 30 days. If appointment is needed, file with the clerk of district court in Dillon; e-filing is not available to self-represented litigants through courts.mt.gov. | Sunset helps collect institution information, generate a probate packet when court appointment is needed, and connect the family with local counsel when travel or objections are likely. |
| Parent settling a predeceased child's estate, home must be sold | Because real property often requires authority from the estate case or another Montana transfer path, plan on speaking with a Beaverhead County probate attorney before listing or transferring the home. A personal representative obtains Letters of Authority through the Beaverhead County District Court using courts.mt.gov forms. | Sunset helps organize assets and liabilities, prepare information for the personal representative, and connect the parent with a vetted attorney for the estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | A free statewide civil resource through courts.mt.gov. It can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | (406) 841-2975, https://courts.mt.gov/SelfHelp/ |
| State Law Library Self-Help Law Center | The nearest staffed statewide self-help location identified for Beaverhead County users is the State Law Library center in Helena, because Beaverhead County does not have one of the six staffed Self-Help Law Centers listed by courts.mt.gov. | 215 N Sanders, Helena, (406) 444-9300, [email protected] |
| Montana Legal Services Association | Statewide civil legal aid intake. It should not be treated as a promise of probate representation, and its public intake notices should be checked before applying. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m., https://mtlsa.org/apply-for-services/ |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning topics linked by the Montana Judicial Branch. | https://www.montanalawhelp.org |
| Clerk of district court in Beaverhead County | The clerk can provide forms and general court information, but the clerk cannot give legal advice or complete forms for you. | 2 South Pacific Street, Suite 5, Dillon, MT 59725, (406) 683-3725 |
When to hire an attorney
Counsel makes sense in a Beaverhead County probate when real property must be sold, a beneficiary objects, creditor claims are uncertain, a nonresident family member is trying to serve, the estate has tax filings, or you need help deciding between an informal application to the clerk and a formal petition with notice. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement, insurance and debt accounts that may affect the Beaverhead County estate settlement.
Generate the probate packet. Sunset organizes the information needed for Montana Judicial Branch forms, including the informal probate materials, the statement of informal probate and the Letters of Authority available through courts.mt.gov.
Find a local probate attorney. When the estate involves a house sale, objections, creditor issues or travel from outside Montana, Sunset can connect the family with a Beaverhead County probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and attorney introductions are optional.
Frequently asked questions
Where do I file probate in Beaverhead County?
File with the clerk of district court at the Beaverhead County Courthouse, 2 South Pacific Street, Suite 5, Dillon, MT 59725. Venue usually follows the decedent's domicile at death, or Montana property if the decedent was not domiciled in Montana (Mont. Code Ann. § 72-3-112).
Does Beaverhead County use the District Court for probate?
Yes. The Beaverhead County District Court handles probate because the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111) and original jurisdiction over all civil and probate matters (Mont. Code Ann. § 3-5-302).
Can I e-file a Beaverhead County probate if I am representing myself?
No. courts.mt.gov states that e-filing is not available to self-represented litigants at this time. Attorneys use electronic filing for enabled Beaverhead County Probate (DP) matters, but a self-represented personal representative files on paper with the clerk in Dillon.
What is the Beaverhead County probate filing fee?
The probate commencement amount is $100.00, effective July 1, 2023 and updated May 17, 2024 in the Beaverhead clerk fee PDF. It is based on Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
Will I have to appear in person for a Beaverhead County probate hearing?
Not always. The 5th Judicial District local rules say a personal appearance may not be required for probate of an estate when proper documentation has been filed and no interested party objects. If a contested hearing is set, the local rules require in-person appearance unless the court gives prior permission to appear remotely.
Can I attend a Beaverhead County hearing by Zoom?
Possibly, but it is not a guaranteed right. The 5th Judicial District local rules require prior notice to the opposing party and the clerk for Zoom appearance, and Beaverhead County's clerk page says to notify the clerk at [email protected] before planning to attend by Zoom. Montana Rule of Civil Procedure 43(a) treats remote testimony by contemporaneous transmission as discretionary.
How do I look up a Beaverhead County probate case?
Montana provides a District Court Public Access Portal through courts.mt.gov/Courts/portals for district courts that have converted to FullCourt Enterprise. Beaverhead County District Court converted in April 2021. For a specific case search, ask the clerk what is available online and what must be requested from the office.
Are there Beaverhead County probate forms?
Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife. Beaverhead County also links a local copy of the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, but it is not a separate Beaverhead-only form packet.
Does Montana have an inheritance tax or estate tax for a Beaverhead County estate?
Montana has no inheritance tax for deaths after January 1, 2001 and Montana has no estate tax for deaths after December 31, 2004, and the Department of Revenue no longer requires a certificate or consent to close probate, according to revenue.mt.gov. The estate may still have federal tax issues or Montana fiduciary income tax obligations.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.