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Broadwater County, MT Probate Information
Quick facts
| Item | Broadwater County details |
|---|---|
| Court | Broadwater County District Court, Montana 1st Judicial District Court sitting in Broadwater County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | Broadwater County Courthouse, 515 Broadway Street, Townsend, MT 59644. |
| Mailing | 515 Broadway Street, Townsend, MT 59644. |
| Phone | (406) 266-9236 for the clerk of district court. The courthouse switchboard is (406) 266-9200. |
| Fax | No fax filing route is published for probate. The 1st Judicial District local rules state that fax filings will no longer be accepted in Broadwater County. |
| Hours | 8:00 a.m. to 5:00 p.m., closed on federal holidays. Call before filing if a deadline is close. |
| Filing fee | $100.00 to commence a probate, current under 2025 code text: $70 under Mont. Code Ann. § 25-1-201, plus $20 under Mont. Code Ann. § 25-1-202, plus a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. |
| Local forms | Use the statewide probate forms at courts.mt.gov/Forms/endoflife. Broadwater County has not published a county-specific probate packet or cover sheet. |
| E-filing status | Broadwater County District Court and the Probate, DP, case type are listed in Judicial Branch electronic filing materials at courts.mt.gov. E-filing is not available to self-represented litigants at this time, so self-represented filers use paper or the Broadwater County email submission process described in the 1st Judicial District local rules. |
| Case search | Broadwater County District Court converted to FullCourt Enterprise in January 2022. Montana publishes the District Court Public Access Portal through courts.mt.gov/Courts/portals at dcportal.pubcourts.mt.gov. |
| Remote appearance | There is no statewide right to appear remotely. The 1st Judicial District local rules address Zoom appearances by attorneys and require exhibits to be mailed to the clerk in advance when an attorney appears that way. |
| Website | courts.mt.gov/CourtLocator/1stJudicialDistrict and broadwatercountymt.gov/departments/civil_criminal_justice/clerk_of_district_court/index.php. |
Before you begin — know the assets and liabilities
Before you choose a probate path in Broadwater County, make a working list of the accounts, land, vehicles, debts, beneficiary designations and jointly owned property. Montana venue depends on the decedent's domicile or, for a non-Montana decedent, the county where property was located (Mont. Code Ann. § 72-3-112), so the asset list affects where the estate settlement belongs.
Sunset can help organize the estate settlement before you file by searching across more than 2,300 institutions for accounts and assets, then helping you turn that information into the right probate packet for the clerk of district court in Townsend.
Which court handles jurisdiction
Probate for Broadwater County is filed with the clerk of district court at the Broadwater County Courthouse, 515 Broadway Street, Townsend, MT 59644. Broadwater County is one of two counties in Montana's 1st Judicial District, along with Lewis and Clark County (Mont. Code Ann. § 3-5-101). The district judges and standing master are chambered in Helena, but Broadwater County keeps its own clerk of district court in Townsend, and a Broadwater County estate is filed in Townsend.
Montana District Court has exclusive jurisdiction of all probate matters, and the District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Justice Court under Mont. Code Ann. § 3-10-301 and the City Court under Mont. Code Ann. § 3-11-102, do not handle estate filings.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had 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).
The jurisdiction process
- Identify the probate assets, debts, heirs, devisees and any nonprobate transfers before filing. If the decedent was domiciled in Broadwater County, file in Townsend; if the decedent was not domiciled in Montana, venue may be any Montana county where the decedent had property (Mont. Code Ann. § 72-3-112).
- Choose the correct filing. An informal probate application goes to the clerk of district court, who makes the statutory findings, may deny an application that does not meet them, and issues the statement of informal probate and Letters after the statutory waiting period (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). A formal probate petition goes to the district judge with notice to interested persons (Mont. Code Ann. § 72-3-301).
- Prepare the statewide Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife, including the forms used for informal appointment and Letters of Authority. The clerk can provide forms and general information but cannot give legal advice or complete the forms for you.
- File with the clerk of district court at 515 Broadway Street in Townsend. Self-represented litigants cannot use Montana e-filing through courts.mt.gov, but Broadwater County's 1st Judicial District local rules provide an email submission route for properly signed PDF documents if a hard-copy original follows within five business days. Call the clerk for the current submission address before using that route.
- Pay the $100.00 probate commencement filing fee, current under 2025 code text: $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 user surcharge under Mont. Code Ann. § 3-1-317.
- Wait for authority to issue. Informal probate and informal appointment cannot issue until at least 120 hours have elapsed since death, and the clerk issues the statement of informal probate and appoints the personal representative only after the required findings are made (Mont. Code Ann. § 72-3-215, § 72-3-225).
- If a hearing is needed, ask the clerk how the 1st Judicial District will schedule it. The district's local rules rotate Broadwater County hearings on Fridays, with no hearing scheduled on a fifth Friday of a month.
- After appointment, qualify before receiving letters by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The authority document used in the statewide forms is called Letters of Authority at courts.mt.gov.
- Administer the estate. The personal representative publishes notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditor claims are governed by the 4 months period in Mont. Code Ann. § 72-3-801 and the bar rules in Mont. Code Ann. § 72-3-803. The personal representative prepares an inventory within 9 months after appointment, listing probate property and fair market value under Mont. Code Ann. § 72-3-607.
- Close the estate settlement under the Montana Probate Code path that fits the case. If disputes, real estate sale issues, creditor problems or tax questions remain, speak with a Montana probate attorney before closing.
Forms and documents
Probate forms in Broadwater County
Broadwater County uses Montana Judicial Branch statewide probate forms, which are posted under the Wills, Trusts, Powers of Attorney, Estate Planning and Probate page at courts.mt.gov/Forms/endoflife. The statewide materials include the Affidavit of Death, the Affidavit for Collection of Personal Property of Decedent 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 and the forms used for informal probate, the statement of informal probate and Letters of Authority at courts.mt.gov.
Broadwater County has not published a county-specific probate packet or cover sheet. If you plan to use Broadwater County's email submission route under the 1st Judicial District local rules, call the clerk of district court for the current submission address and follow the PDF attachment and hard-copy-original requirements.
Timeline
- Immediate planning: gather asset and debt information before filing. Montana venue turns on domicile or property location (Mont. Code Ann. § 72-3-112).
- After death: informal probate or informal appointment cannot issue until at least 120 hours have elapsed, and the clerk of district court applies the informal probate and informal appointment statutes before issuing the statement of informal probate and appointment (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Broadwater County hearing scheduling: the 1st Judicial District local rules schedule Broadwater County hearings on Fridays by a rotating judge schedule, with no hearings scheduled on a fifth Friday of a month. Ask the clerk how that rotation affects your case.
- After appointment: the personal representative publishes notice to creditors once a week for 3 successive weeks, and claims must be presented within the 4 months period stated in Mont. Code Ann. § 72-3-801, subject to the bar rules in Mont. Code Ann. § 72-3-803.
- Within 9 months after appointment: the personal representative prepares the inventory of probate property, including fair market value and encumbrances, under Mont. Code Ann. § 72-3-607.
Local nuance
Broadwater County-specific considerations
| Local point | What it means for a Broadwater County estate |
|---|---|
| Two-county district | Broadwater County is in Montana's 1st Judicial District with Lewis and Clark County (Mont. Code Ann. § 3-5-101), but a Broadwater estate is filed with the Broadwater County clerk of district court in Townsend. |
| Judges chambered in Helena | The district judges and standing master are listed through courts.mt.gov for the 1st Judicial District, but Broadwater County's filing counter remains in Townsend. |
| Friday hearing rotation | The 1st Judicial District local rules rotate Broadwater County hearings on Fridays and schedule no hearing on a fifth Friday of a month. |
| Email submission route | The 1st Judicial District local rules provide a Broadwater-specific email submission route for signed PDF documents, with a hard-copy original due within five business days. Call the clerk for the current submission address before using it. |
| Remote appearance | The 1st Judicial District local rules address Zoom appearances by attorneys and require exhibits to be mailed to the clerk in advance when an attorney appears that way. Mont. R. Civ. P. 43(a) allows testimony by contemporaneous transmission only for good cause in compelling circumstances with appropriate safeguards. |
Recent updates
Scenarios
| Situation | Likely Broadwater County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying whether the home passes outside probate or whether a Broadwater County District Court filing is needed. If a personal representative is needed, file with the clerk of district court in Townsend and use the statewide forms at courts.mt.gov/Forms/endoflife. | Sunset helps map accounts, title information and beneficiary designations so the estate settlement packet matches what actually needs court authority. |
| Out-of-state adult child with small estate | If only personal property needs collection, the Affidavit for Collection of Personal Property of Decedent may be available after the statutory wait if the probate estate fits Mont. Code Ann. § 72-3-1101. If appointment is needed, the Broadwater County filing is in Townsend, and the 1st Judicial District local rules may allow email submission with a hard-copy original to follow. | Sunset helps decide what is probate property, prepares the right packet and helps reduce travel by organizing filing steps before you contact the clerk. |
| Parent settling predeceased child's estate, home must be sold | A real estate sale usually requires authority from a personal representative, so plan on a Broadwater County District Court probate filing rather than a personal-property affidavit. Formal probate may be needed if there are disputes or notice issues. | Sunset gathers asset information, generates the probate packet and connects the family with a Montana probate attorney when a home sale or dispute makes the estate settlement more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Help Program | A free Montana Supreme Court program for civil, non-criminal legal problems. It can provide legal information and resources, but it cannot give legal advice or represent you in court. See courts.mt.gov/SelfHelp/. | (406) 841-2975. |
| State Law Library Self-Help Law Center | The nearest staffed Self-Help Law Center for Broadwater County readers is in Helena. The Court Help Program cannot give legal advice or represent you in court. See courts.mt.gov/SelfHelp/. | 215 N Sanders, Helena, (406) 444-9300. |
| Montana Legal Services Association | Statewide civil legal aid intake. It should not be counted on to handle a probate case, but it may help eligible people find legal resources. See mtlsa.org and mtlsa.org/apply-for-services/. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning materials. | montanalawhelp.org. |
When to hire an attorney
Consider counsel if the will is contested, heirs disagree, a home or ranch land must be sold, creditor claims are uncertain, the estate has business interests, or you are unsure whether formal probate with notice is required. Montana does not require every personal representative to hire counsel, but the Court Help Program at courts.mt.gov cannot give legal advice or represent you in court, and the Judiciary's own probate materials advise asking a lawyer when the estate is complicated. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize what belongs in the probate estate, what may pass outside probate and what still needs attention in the estate settlement.
Generate the probate packet. Sunset uses the information you provide to help assemble the Montana probate forms for filing with the clerk of district court in Broadwater County, including the documents needed to request Letters of Authority through courts.mt.gov forms.
Find a local probate attorney. When the estate involves a home sale, disputes, formal probate notice, creditor questions or tax issues, Sunset helps connect the family with a Montana probate attorney.
Sunset is free for families. Sunset gives families a central place to track assets, tasks and next steps during estate settlement, and families do not pay Sunset to get started.
Frequently asked questions
Where do I file probate in Broadwater County?
File with the clerk of district court at the Broadwater County Courthouse, 515 Broadway Street, Townsend, MT 59644. Broadwater County is in Montana's 1st Judicial District (Mont. Code Ann. § 3-5-101), and District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Can I file a Broadwater County probate case online?
Self-represented litigants cannot use Montana e-filing through courts.mt.gov. Broadwater County District Court and the Probate, DP, case type are listed in Judicial Branch electronic filing materials for attorney electronic filing, and the 1st Judicial District local rules also provide a Broadwater County email submission route for signed PDF documents if a hard-copy original follows within five business days. Call the clerk for the current submission address.
What is the filing fee to start probate in Broadwater County?
The probate commencement filing fee is $100.00, current under 2025 code text: $70 under Mont. Code Ann. § 25-1-201, plus $20 under Mont. Code Ann. § 25-1-202, plus a $10 user surcharge under Mont. Code Ann. § 3-1-317.
Does Broadwater County have its own probate forms?
Broadwater County has not published a county-specific probate packet or cover sheet. Use the statewide probate forms posted at courts.mt.gov/Forms/endoflife, including the informal probate forms and the Letters of Authority forms at courts.mt.gov.
When are Broadwater County probate hearings scheduled?
The 1st Judicial District local rules rotate Broadwater County hearings on Fridays, with no hearing scheduled on a fifth Friday of a month. Informal probate may be handled by the clerk without a hearing when the statutory requirements are met, including the 120 hours rule in Mont. Code Ann. § 72-3-215.
Can I appear remotely in a Broadwater County probate hearing?
There is no statewide right to appear remotely. The 1st Judicial District local rules address Zoom appearances by attorneys and require exhibits to be mailed to the clerk in advance when an attorney appears that way. Mont. R. Civ. P. 43(a) allows testimony by contemporaneous transmission only for good cause in compelling circumstances with appropriate safeguards.
Can I look up a Broadwater County probate case online?
Montana publishes the District Court Public Access Portal through courts.mt.gov/Courts/portals at dcportal.pubcourts.mt.gov. Broadwater County District Court converted to FullCourt Enterprise in January 2022, but the Judicial Branch describes the portal as a courtesy rather than a required service. The clerk can also perform a record search for $2 per name per year for up to 7 years, then $1 per name for each additional year, under Mont. Code Ann. § 25-1-201.
Do I have to travel to Helena for a Broadwater County probate case?
Not to file. A Broadwater County estate is filed with the clerk of district court in Townsend. The 1st Judicial District judges and standing master are listed through courts.mt.gov and are chambered in Helena, but the district's local rules provide Friday hearing rotations in Broadwater County.
Is inheritance tax or estate tax due in a Broadwater County probate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue says at revenue.mt.gov that the inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not apply to deaths after December 31, 2004, and no Department of Revenue certificate or consent is required to close probate. An estate may still have federal tax 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.