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Cascade County, MT Probate Information
Quick facts
| Item | Cascade County detail |
|---|---|
| Court | Cascade County District Court, Montana 8th Judicial District Court |
| Filing office | Clerk of district court in Cascade County |
| Courthouse address | Cascade County Courthouse, 415 2nd Avenue North, Great Falls, MT 59401 |
| Mailing | For copy and court-file requests, the clerk gives this mailing form: Clerk of Court, 415 2nd Avenue North, Great Falls, MT 59401. Self-represented estate filings are brought to the counter with original documents. |
| Phone | (406) 604-7796 |
| Fax | (406) 454-6907. The office says filings may not be submitted by fax or e-mail. |
| [email protected] for questions and copy requests, not for filing an estate opening. | |
| Hours | 8:00 am to 5:00 pm, Monday through Friday, Mountain Time. Call before a trip near a holiday. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current under the Montana Code Annotated 2025. The figure is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Confirm the current amount with the clerk of district court in Cascade County before you file. |
| Local forms | Cascade County does not publish a local probate packet or cover sheet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. The 8th Judicial District local rules include a Statement of Inability to Pay Court Costs and Fees for a fee waiver request, available through courts.mt.gov. |
| E-filing | Montana district courts use a statewide electronic filing system, but courts.mt.gov states that e-filing is not available to self-represented litigants at this time. Cascade County District Court is enabled for attorney e-filing in probate cases under the Judicial Branch court policy as of July 30, 2026. |
| Case search | Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, linked from courts.mt.gov. Cascade County District Court converted to FullCourt Enterprise in February 2023, and the Judicial Branch describes the public access portal as a courtesy rather than a required statutory service. |
| Remote appearance | Remote appearance is decided by the district judge under the 8th Judicial District local rules. Montana has no statewide rule giving a party a right to appear remotely, but testimony may be permitted by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Websites | courts.mt.gov/CourtLocator/8thJudicialDistrict and cascadecountymt.gov/158/Clerk-of-Courts-Office |
Before you begin — know the assets and liabilities
Before you go to the clerk of district court in Great Falls, identify what the estate owns, what it owes and what is already passing outside the probate estate. That matters in Cascade County because a self-represented filing must be brought in on paper with original documents, and the office says filings may not be submitted by fax or e-mail. Knowing the accounts and balances first also tells you how many certified copies of the Letters of Authority you may need for estate settlement.
Sunset searches more than 2,300 financial institutions, so a Cascade County family can build the asset picture before choosing forms, paying the $100.00 filing fee under Mont. Code Ann. § 25-1-201, or making the trip to the courthouse.
Which court handles jurisdiction
Probate for Cascade County is filed with the clerk of district court at the county courthouse in Great Falls. Cascade County is the only county in Montana's 8th Judicial District, which is how district judges and the district court's local rules are assigned, so the judges who sign orders sit in the same courthouse where the case is filed (Mont. Code Ann. § 3-5-101).
The District Court has exclusive jurisdiction of all probate matters, and Montana district courts are general jurisdiction courts with original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). A will is proved and Letters are issued by the clerk of district court or the district judge. The Justice Court at the same street address, the Great Falls Municipal Court, and the Belt and Cascade City Courts are courts of limited jurisdiction and have no estate-filing authority (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had their domicile at the time of death, or, if the decedent was not domiciled in Montana, any Montana county where property of the decedent was located at the time of death (Mont. Code Ann. § 72-3-112). Cascade County communities covered by this courthouse include Great Falls, Belt, Cascade, Neihart and Vaughn.
The jurisdiction process
- Identify the assets, debts and likely route before opening anything. If the Affidavit for Collection of Personal Property applies, it is presented to the person or institution holding the property under Mont. Code Ann. § 72-3-1101, not filed with the clerk of district court.
- Get the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. The statewide packet includes an Application for Informal Probate, the Statement of Informal Probate and the Letters of Authority. Cascade County does not publish a separate probate packet or local cover sheet.
- File the application for informal probate and appointment, or a petition if the matter is formal, with the clerk of district court at the Cascade County Courthouse, 415 2nd Avenue North, Great Falls, MT 59401. A formal probate petition proceeds before the district judge with notice to interested persons (Mont. Code Ann. § 72-3-301).
- Bring the fee with the papers. The $100.00 probate commencement fee is current under the Montana Code Annotated 2025 and is made up of 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). The 8th Judicial District local rules say a statutory filing fee must accompany the documents or they will not be filed.
- Put the filing in the form the district requires. The local rules require the first page to identify the responsible party with a complete mailing address, telephone number and e-mail address, require the filing to satisfy the Montana Uniform District Court Rules' form requirements, and allow the clerk to return a nonconforming filing.
- If you file without a lawyer, bring the original documents to the counter. Courts.mt.gov states that e-filing is not available to self-represented litigants, and Cascade County's clerk says e-filing is unavailable to people not represented by an attorney. The office's own answer to whether a filing may be submitted by fax or by e-mail is no.
- After filing, the case is allocated among the court's four departments in random rotation. Cascade County probate cases use the DP case-type code, and the district's local rules add the assigned department's letter to the case designation.
- In an informal proceeding, the clerk of district court makes the findings the statute requires, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after at least 120 hours have elapsed since death. For a decedent who was not a Montana resident, informal appointment waits 30 days instead (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Qualify before the Letters issue by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). Ask for certified copies of the Letters of Authority while you are at the counter; Cascade County lists certification with seal at $2, current under Mont. Code Ann. § 25-1-201.
- Publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in Cascade County. Creditors then have 4 months after the date of first publication under Mont. Code Ann. § 72-3-801.
- Prepare the inventory within 9 months after appointment, listing probate property and fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- If a hearing is needed, request it in writing. The 8th Judicial District local rules set an uncontested calendar at 9:00 am each Wednesday, include probate proceedings on that calendar, and require the written request to reach the clerk by noon on the Tuesday immediately before, with complete proposed orders lodged by the same deadline in a case filed without a lawyer. Montana also provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307).
- Ask the clerk what the assigned department requires for any remote appearance. Montana has no statewide rule giving a party a right to appear remotely, but a district court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Administer and close the estate, keeping copies of everything filed. Before relying on a calendar, fee, filing route or holiday schedule, call the clerk of district court in Cascade County at (406) 604-7796.
Executor duties
| Local duty | What it means in Cascade County |
|---|---|
| File at the right counter | Estate filings go to the clerk of district court in the Cascade County Courthouse at 415 2nd Avenue North in Great Falls. A self-represented filing must be brought in with original documents. The Justice Court in the same building, Youth Court in Room 108 and the clerk and recorder at 121 4th Street North are not estate-filing counters (Mont. Code Ann. § 3-10-301). |
| Bring the fee and use the district's format | The 8th Judicial District local rules say the statutory filing fee must accompany the papers or they will not be filed. The $100.00 probate fee is current under the Montana Code Annotated 2025 and is tied to Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. |
| Work with the assigned department | A new probate is allocated among the court's four departments in random rotation under the local rules. The case designation carries the assigned department's letter, and contested hearings are heard by the judge of the department that has the case. |
| Request hearings in writing | The 8th Judicial District local rules put probate proceedings on the Wednesday 9:00 am uncontested calendar. A written request must reach the clerk by noon on the Tuesday immediately before, with a complete proposed order lodged by then in a case filed without a lawyer, and uncontested formal cases are addressed in Mont. Code Ann. § 72-3-307. |
| Budget for certified copies | Cascade County lists certification with seal at $2, copies at $1 per page for the first ten pages and $0.50 per page after that, and authenticated or exemplified copies for another jurisdiction at $6, all current under Mont. Code Ann. § 25-1-201. The local rules also say no will, bond or undertaking leaves the clerk's office. |
Forms and documents
Probate forms in Cascade County
Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. They are listed under the category headed Wills, Trusts, Powers of Attorney, Estate Planning and Probate, and include the How to Administer a Small Estate Packet, the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the Affidavit of Death and the Fiduciary Statement.
Cascade County does not publish a separate local probate packet, local probate cover sheet or local probate checklist. The county's clerk of district court points self-represented probate readers to the Cascade County Self-Help Center and the Montana State Law Library for forms, and the 8th Judicial District local rules say people filing without a lawyer must follow the Montana Rules of Civil Procedure, the Montana Uniform District Court Rules and the district's own rules.
The one local form to know about is the 8th Judicial District's Statement of Inability to Pay Court Costs and Fees, attached to the local rules and available from the clerk's office. The clerk can give forms and instructions and can check a form for signatures, notarization, the correct county name and the case number, but the clerk cannot fill out or correct forms for a party except for a person with a disability.
Fees
| Charge | Amount and use |
|---|---|
| Probate commencement | $100.00, current under the Montana Code Annotated 2025, for formal, informal or ancillary probate. It is the $70 fee in Mont. Code Ann. § 25-1-201, plus the $20 fee in Mont. Code Ann. § 25-1-202, plus the $10 court information technology user surcharge in Mont. Code Ann. § 3-1-317. |
| Certification with seal | $2, current under Mont. Code Ann. § 25-1-201. Banks, title companies and transfer agents often ask for certified copies of Letters of Authority. |
| Copies | $1 per page for the first ten pages, then $0.50 per page after that, current under Mont. Code Ann. § 25-1-201. Cascade County also says faxed or e-mailed public copies are $0.25 per page paid in advance, current under the same statute. |
| Authenticated or exemplified copy | $6, current under Mont. Code Ann. § 25-1-201, for an out-of-state institution or other jurisdiction that asks for that form of copy. |
| Record search | $2 per name per year for up to seven years and $1 per name per additional year, current under Mont. Code Ann. § 25-1-201. |
| Fee waiver form | The 8th Judicial District local rules on courts.mt.gov attach a Statement of Inability to Pay Court Costs and Fees and say copies can also be obtained from the clerk's office. The court information technology user surcharge may be waived when the statute's inability-to-pay finding is made (Mont. Code Ann. § 3-1-317). |
Timeline
- Start with the statutory waiting point. In an informal proceeding, the clerk of district court cannot issue the statement of informal probate until at least 120 hours have elapsed since death, and informal appointment for a decedent who was not a Montana resident waits 30 days instead (Mont. Code Ann. § 72-3-215, § 72-3-225).
- File the application or petition and the $100.00 fee together. The 8th Judicial District local rules say the statutory filing fee must accompany the documents or they will not be filed, and the fee is current under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- If the matter needs the 8th Judicial District's uncontested calendar, make a written request to the clerk. The local rules set that calendar at 9:00 am each Wednesday, include probate proceedings among the matters heard on it, and require the request by noon on the Tuesday immediately before. Montana also has a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307).
- If you are filing without a lawyer, lodge the complete proposed order by the same Tuesday noon deadline. The local rules say the clerk will not set a matter until the motion, lodged order and supporting documents are on file.
- If the matter turns contested, expect it to move to the assigned department's contested calendar under the local rules. The court has four departments, and probate cases are allocated among them in random rotation when filed.
- After appointment, publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in Cascade County. Creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, not after death, using fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- Confirm current scheduling and the current uncontested-calendar cut-off with the clerk of district court in Cascade County at (406) 604-7796 before relying on the calendar.
Local nuance
Cascade County-specific considerations
| Local point | Why it matters |
|---|---|
| One-county judicial district | Cascade County is Montana's 8th Judicial District by itself (Mont. Code Ann. § 3-5-101). The filing counter, judges and local rules are all tied to the Great Falls courthouse. |
| Four departments | The 8th Judicial District local rules divide the court into departments A, B, C and D. New matters are allocated in random rotation, so the filer does not choose the department. |
| Wednesday uncontested calendar | The local rules set a 9:00 am Wednesday uncontested calendar and include probate proceedings. Requests go to the clerk in writing by noon on the Tuesday immediately before, and uncontested formal cases are addressed by Mont. Code Ann. § 72-3-307. |
| Original will stays with the clerk | The local rules say no will, bond or undertaking leaves the clerk's office. Plan on certified copies rather than retrieving the original. |
| Related family cases | The local rules allow related cases involving families or children under Title 72 to be consolidated before the judge with the first-filed case. Title 72 includes probate and guardianship matters. |
| Several nearby wrong counters | The Justice Court at 415 2nd Avenue North, the Great Falls Municipal Court and the Belt and Cascade City Courts are not estate-filing counters (Mont. Code Ann. § 3-10-301, § 3-11-102). The clerk and recorder is a separate land-records office at 121 4th Street North. |
| Local self-help access | The Cascade County Self-Help Center is inside the Great Falls Public Library at 301 2nd Avenue North, not inside the courthouse. It is a Montana Supreme Court service listed on courts.mt.gov. |
Recent updates
| Change | Date |
|---|---|
| Cascade County District Court converted to the state's FullCourt Enterprise case management system. Cascade County also states that electronic filing was implemented at the court for represented parties. | February 2023 conversion, March 2023 electronic filing |
| The Montana Judicial Branch electronic filing court policy lists Cascade County District Court among district courts enabled for e-filing and lists probate among the enabled case types, while stating that e-filing is not yet enabled for self-represented litigants at any court. | As of July 30, 2026 |
| The Local Rules of the Eighth Judicial District set the Wednesday 9:00 am uncontested calendar that includes probate proceedings and divide the court into four departments. | Amended and effective January 1, 2019 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the Great Falls home was co-owned, the court step may turn on what else was in the decedent's sole name. If a probate is needed, file with the clerk of district court at 415 2nd Avenue North. The case is allocated among the four departments in random rotation, and in an informal proceeding the clerk issues the statement of informal probate and the Letters of Authority after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215, courts.mt.gov). | Sunset searches more than 2,300 institutions so the surviving spouse sees the accounts, balances and debts before choosing an estate settlement path. |
| Out-of-state adult child with small estate | If the parent was domiciled in Cascade County, venue is in Cascade County even if the child lives elsewhere (Mont. Code Ann. § 72-3-112). Plan for the filing trip because a self-represented estate opening must be brought in with original documents. If the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 fits, the affidavit is presented to the holder of the property instead of filed with the clerk of district court. If a case is opened, Cascade County probate uses the DP code, and the court is in FullCourt Enterprise for the courts.mt.gov public access portal. | Sunset assembles the asset picture remotely so an out-of-state family member can decide whether a Great Falls filing is needed before traveling. |
| Parent settling predeceased child's estate, home must be sold | If a Great Falls home must be sold through the estate, open a probate and obtain Letters of Authority. The application goes to the clerk of district court, and if an uncontested hearing is needed the 8th Judicial District local rules require a written request by noon on the Tuesday before the Wednesday 9:00 am calendar. Certified copies are $2 under Mont. Code Ann. § 25-1-201. Deed and lien questions go to the clerk and recorder, a separate office, not the probate filing counter. | Sunset builds the asset and liability picture, including what is owed against the home, so the parent can plan the estate settlement and sale steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Cascade County Self-Help Center | A free Montana Supreme Court Self-Help Law Center listed on courts.mt.gov. Cascade County's clerk points self-represented probate readers there for help getting forms. It cannot give legal advice or represent you in court. | Great Falls Public Library, 301 2nd Avenue North, Great Falls. 406-899-7109. [email protected]. |
| Court Help Program | A statewide Montana Supreme Court program for civil, non-criminal legal problems. Courts.mt.gov says it can provide legal information and direct people to resources, but cannot give legal advice or represent anyone in court. | courts.mt.gov/SelfHelp/ |
| Clerk of district court in Cascade County | Procedural and copy-request questions for the Cascade County District Court. The office states that it is restricted by law from providing legal advice. | 415 2nd Avenue North, Great Falls, MT 59401. (406) 604-7796. [email protected]. |
| Montana Judicial Branch probate forms | Statewide probate forms, including the informal-probate packet and Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. | courts.mt.gov/Forms/endoflife |
| Montana State Law Library | Statewide Self-Help Law Center and law-library resource listed by courts.mt.gov and identified by Cascade County's clerk as a place to find probate forms. | 215 N Sanders, Helena. 406-444-9300. [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake through mtlsa.org. It is not a promise of estate representation. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. Online intake at mtlsa.org. |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association, with a life-and-estate-planning section linked by the Judicial Branch. | montanalawhelp.org |
| Montana District Court Public Access Portal | The courts.mt.gov portal page describes the public access portal as a courtesy. Cascade County tells readers to select Cascade District Court and use the scheduling tab for the public hearing calendar. | dcportal.pubcourts.mt.gov, linked from courts.mt.gov/Courts/portals |
When to hire an attorney
Montana does not require a personal representative to hire a lawyer, and courts.mt.gov offers the Court Help Program and probate forms for people representing themselves. In Cascade County, counsel often makes sense when the estate includes real estate, a contested hearing, creditor issues, a family dispute, an out-of-state filer or uncertainty about which route applies, because the clerk cannot give legal advice, a self-represented filing must be brought in with original documents, and the 8th Judicial District local rules expect self-represented parties to follow the same procedural rules as lawyers. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify accounts, balances and liabilities before you decide whether to file in Cascade County. That makes estate settlement more concrete before a courthouse trip.
Generate the probate packet. Sunset helps organize the information needed for the Montana Judicial Branch probate forms and the Cascade County filing step, including the courthouse address, the clerk of district court contact information and the local fee context.
Find a local probate attorney. When the estate needs legal advice, a hearing, a real-estate sale or help with local rules, Sunset can connect the family with a vetted Montana probate attorney familiar with district court probate.
Sunset is free for families. Families can use Sunset to understand the estate settlement work, collect information and decide on next steps without paying Sunset.
Frequently asked questions
Where do I file probate in Cascade County, Montana?
File with the clerk of district court at the Cascade County Courthouse, 415 2nd Avenue North, Great Falls, MT 59401. The District Court has exclusive jurisdiction of all probate matters in Montana (Mont. Code Ann. § 72-3-111).
Is Cascade County its own judicial district?
Yes. Cascade County is the only county in Montana's 8th Judicial District (Mont. Code Ann. § 3-5-101). The court is divided into four departments, and new matters are allocated among them in random rotation under the local rules.
How much does it cost to open probate in Cascade County?
The probate commencement fee is $100.00, current under the Montana Code Annotated 2025. It is made up of the $70 probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). The 8th Judicial District local rules say the fee must accompany the documents or they will not be filed.
Can I file probate online in Cascade County?
Not if you are filing without a lawyer. Courts.mt.gov states that e-filing is not available to self-represented litigants at this time, and Cascade County says people not represented by an attorney must file in person with original documents. Attorneys may file electronically where the court and case type are enabled, and the Judicial Branch court policy lists Cascade County District Court as enabled for probate cases.
Can I fax or e-mail my Cascade County probate filing?
The clerk of district court's own answer to whether a filing may be submitted by fax or by e-mail is no. Questions can go to (406) 604-7796 or [email protected], but that mailbox is not a route for opening the estate.
Does Cascade County have its own probate forms?
Cascade County does not publish a separate probate packet or cover sheet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, including the informal-probate packet, the Statement of Informal Probate under Mont. Code Ann. § 72-3-215 and the Letters of Authority. The 8th Judicial District local rules also include a fee waiver form on courts.mt.gov.
When are probate hearings scheduled in Cascade County?
The 8th Judicial District local rules set an uncontested calendar at 9:00 am each Wednesday and include probate proceedings on that calendar. A written request must reach the clerk by noon on the Tuesday immediately before, with a complete proposed order lodged by the same deadline in a case filed without a lawyer. Montana provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307). Confirm the current calendar with the clerk at (406) 604-7796.
Can I appear by video or telephone in a Cascade County probate hearing?
Remote appearance is decided by the district judge under the 8th Judicial District local rules. Montana has no statewide rule giving a party a right to appear remotely, but a district court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk what the assigned department requires.
How do I look up a Cascade County probate case?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, linked from courts.mt.gov. Cascade County District Court converted to FullCourt Enterprise in February 2023, and Cascade County tells readers to select Cascade District Court and use the scheduling tab for the public hearing calendar. A Cascade probate uses the DP case-type code. The clerk can also perform a record search for $2 per name per year for up to seven years and $1 per name per additional year, current under Mont. Code Ann. § 25-1-201.
Do I have to travel to Great Falls to settle a Cascade County estate?
Plan on a Great Falls filing if you are opening the estate without a lawyer. Venue follows the decedent's domicile or Montana property location (Mont. Code Ann. § 72-3-112), and Cascade County says self-represented filings must be brought in with original documents. Questions and copy requests can be handled by phone, e-mail or mail, but the estate opening itself is a counter filing.
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.