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Chouteau County, MT Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Chouteau County District Court, Montana 12th Judicial District Court |
| Courthouse address | 1308 Franklin, Fort Benton, MT 59442 |
| Mailing address | PO Box 459, Fort Benton, MT 59442 |
| Phone | (406) 622-5024, clerk of district court |
| Hours | Call the clerk of district court to confirm current public hours, filing cutoffs and holiday changes before traveling. Chouteau County is on Mountain Time. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current under the 2025 Montana Code Annotated. The 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 courts.mt.gov/Forms/endoflife. Ask the clerk whether the 12th Judicial District wants a local cover sheet or extra copies. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. Attorneys may use electronic filing for Chouteau County probate cases because Chouteau County District Court is listed as enabled for Probate (DP) in the Judicial Branch court policy dated July 30, 2026. |
| Fax and email filing | The 12th Judicial District local rules state that fax filing is not available in Fort Benton. The same local rules list [email protected] for documents when e-filing is not available. Ask the clerk before relying on email for a pleading; Mont. Code Ann. § 25-1-201(1)(r) sets a 50 cents per page charge for a pleading filed by facsimile or e-mail under the 2025 code. |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov as a courtesy rather than a required statutory service. Chouteau County District Court converted to FullCourt Enterprise in February 2021. |
| Remote appearance | Remote appearance is controlled by the district judge and the 12th Judicial District local rules. Rule 15 makes interactive videoconference available in all 12th Judicial District courtrooms, including Fort Benton, on the court's motion or a party's motion. |
| Court website | courts.mt.gov/CourtLocator/12thJudicialDistrict |
Before you begin — know the assets and liabilities
Before you file anything in Chouteau County, make a working list of the decedent's accounts, real estate, vehicles, debts, beneficiary designations and jointly owned property. That asset map determines whether estate settlement needs a district court filing in Fort Benton, an affidavit under Mont. Code Ann. § 72-3-1101, or a nonprobate transfer.
Sunset's estate settlement platform can search across more than 2,300 financial institutions to help families find accounts before they choose a filing path. Bring that information when you call the clerk of district court at (406) 622-5024 or speak with a Montana probate attorney.
Which court handles jurisdiction
Probate for Chouteau County is filed with the clerk of district court at the county courthouse in Fort Benton, 1308 Franklin, Fort Benton, MT 59442. Mail goes to PO Box 459, Fort Benton, MT 59442.
Chouteau County is one of three counties in Montana's 12th Judicial District, with Hill and Liberty Counties (Mont. Code Ann. § 3-5-101). The district's single district judge is chambered in Havre, Hill County, but a Chouteau County estate is filed and kept in Fort Benton.
Montana does not use a county-level court or a stand-alone 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, the Justice Court and City Courts that sit in Fort Benton and Big Sandy, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue belongs in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, in any county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Choose the right Montana filing path. Informal probate uses an application to the clerk of district court; formal probate uses a petition with notice to interested persons and is handled by the district judge (Mont. Code Ann. § 72-1-103, § 72-3-301). If only personal property is involved and the statutory conditions fit, the Affidavit for Collection of Personal Property may be presented to the holder after 30 days under Mont. Code Ann. § 72-3-1101.
- Prepare the statewide Montana Judicial Branch forms from courts.mt.gov/Forms/endoflife, including the documents needed for the statement of informal probate, Letters of Authority and the personal representative's statement of acceptance when informal appointment is requested (Mont. Code Ann. § 72-3-215, § 72-3-512).
- File with the clerk of district court in Fort Benton. A self-represented personal representative should deliver or mail the packet to 1308 Franklin, Fort Benton, MT 59442, or PO Box 459, Fort Benton, MT 59442. The 12th Judicial District local rules list [email protected] for documents when e-filing is not available and state that fax filing is not available in Fort Benton.
- Pay the filing fee. The probate commencement fee is $100.00, current under the 2025 Montana Code Annotated, 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). Confirm payment methods with the clerk before you file.
- For informal probate, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters if the requirements are met and at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- If a court date is needed, ask the clerk how the district judge is setting Chouteau County matters. The 12th Judicial District local rules set Chouteau County law and motion days for the first and third Tuesday of each month, except holidays and at the court's discretion.
- Ask before requesting video. Remote appearance is decided under the 12th Judicial District local rules, and Montana permits testimony by contemporaneous transmission only for good cause in compelling circumstances with appropriate safeguards (Mont. R. Civ. P. 43(a)).
- After appointment, use the Letters of Authority from courts.mt.gov forms to collect assets, publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and track the 4 months after first publication claims period (Mont. Code Ann. § 72-3-801).
- Administer and close the estate settlement. A personal representative prepares the inventory within 9 months after appointment, handles claims and distributions, and uses the Montana closing procedures that apply to the estate (Mont. Code Ann. § 72-3-607, § 72-3-803, § 72-3-1104).
Forms and documents
Probate forms in Chouteau County
The Montana Judicial Branch keeps probate forms under the "Wills, Trusts, Powers of Attorney, Estate Planning, Probate" heading at courts.mt.gov/Forms/endoflife. The statewide materials include 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 related estate forms.
Chouteau County does not provide a separate probate packet through the Judicial Branch materials for the 12th Judicial District. Because local filing practices can change, ask the clerk of district court whether a local cover sheet, proposed order format, extra copy set or self-addressed envelope is expected before you mail a packet.
| Form or item | Where to get it | Chouteau County note |
|---|---|---|
| Informal probate packet and Letters of Authority | courts.mt.gov/Forms/endoflife | File with the clerk of district court in Fort Benton. The clerk or district judge signs the statement of informal probate and Letters when the application is approved (Mont. Code Ann. § 72-3-215; courts.mt.gov). |
| Affidavit for Collection of Personal Property | courts.mt.gov/Forms/endoflife | Presented to the holder of property, not filed as a new district court case, when the conditions of Mont. Code Ann. § 72-3-1101 are met. |
| Petition for formal probate | Prepared under Montana law, with notice | The 12th Judicial District local rules state that whenever a petition for probate of a will is filed, a copy of the will must be attached unless the original is already on file with the clerk. |
Timeline
- Before filing, confirm hours and filing cutoffs with the clerk of district court in Fort Benton. No Chouteau County public counter-hours statement should be assumed without calling.
- For informal probate, the clerk may issue the statement of informal probate only after at least 120 hours have elapsed since the decedent's death and the statutory findings are made (Mont. Code Ann. § 72-3-215).
- If the matter needs a court setting, the 12th Judicial District local rules set Chouteau County law and motion days on the first and third Tuesday of each month, except holidays and at the court's discretion. Ask the clerk whether your probate matter will be placed on that calendar.
- After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors generally have 4 months after the first publication to present claims (Mont. Code Ann. § 72-3-801).
- The inventory is due within 9 months after appointment and must list probate property with reasonable detail, fair market value and encumbrances (Mont. Code Ann. § 72-3-607).
Local nuance
Chouteau County-specific considerations
| Local point | What it means in Chouteau County |
|---|---|
| Judge chambered outside the county | Chouteau County is in Montana's 12th Judicial District with Hill and Liberty Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Havre, but Chouteau County probate filings stay with the clerk of district court in Fort Benton. |
| Local law and motion calendar | The 12th Judicial District local rules set Chouteau County law and motion days for the first and third Tuesday of each month, except holidays and at the court's discretion. Ask whether a probate matter will be set on that calendar. |
| Fax filing in Fort Benton | The 12th Judicial District local rules state that fax filing is not available in Fort Benton. The rules list [email protected] for documents when e-filing is not available, and Mont. Code Ann. § 25-1-201(1)(r) sets a 50 cents per page charge for a pleading filed by facsimile or e-mail under the 2025 code. |
| Video proceedings | Rule 15 of the 12th Judicial District local rules makes interactive videoconference available in all 12th Judicial District courtrooms, including Fort Benton. The court may conduct a civil proceeding by videoconference on its own motion or a party's motion, subject to the rule's requirements and Mont. R. Civ. P. 43(a). |
Recent updates
| Current rule | What changed or matters locally |
|---|---|
| Attorney e-filing for Chouteau probate | Chouteau County District Court is listed in the Judicial Branch court policy dated July 30, 2026 as enabled for electronic filing in Probate (DP). E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. |
| FullCourt Enterprise | Chouteau County District Court converted to FullCourt Enterprise in February 2021, and Montana describes the District Court Public Access Portal at dcportal.pubcourts.mt.gov on courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Chouteau County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the Fort Benton or other Chouteau County home was titled and whether the asset passes outside probate. If district court authority is needed, file with the clerk of district court in Fort Benton under the Chouteau County venue rule for domicile (Mont. Code Ann. § 72-3-112). | Sunset helps gather account and property information so the spouse and attorney can decide what belongs in the probate estate and what passes outside the estate settlement. |
| Out-of-state adult child with a small estate | If only personal property must be collected and the statutory conditions are met, the child may use the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 after the required waiting period. If appointment is needed, mail or deliver the probate application to the clerk of district court in Fort Benton and ask about video options under the 12th Judicial District local rules. | Sunset helps identify accounts, prepare an estate settlement checklist and connect the child with a Montana probate attorney if court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | If the home is in the decedent's name and must be sold, the family usually needs Chouteau County District Court authority before a personal representative can sign closing documents. The case is filed in Fort Benton, even though the district judge is chambered in Havre. | Sunset organizes asset discovery, helps generate a probate packet and connects the parent to a local probate attorney for the sale and court filings. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Help Program | A free Montana Supreme Court program for civil, non-criminal legal problems. The program can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/; (406) 841-2975 |
| State Law Library Self-Help Law Center | Statewide self-help access from Helena. Chouteau County does not have one of the six staffed Self-Help Law Centers listed by the Montana Supreme Court. | 215 N Sanders, Helena; (406) 444-9300; [email protected]; courts.mt.gov |
| Rural Self-Help location in Havre | The Montana Supreme Court lists a rural self-help location by appointment at the Hill County Library in Havre, which is in the same 12th Judicial District as Chouteau County. | Use courts.mt.gov/SelfHelp/ for current appointment information. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume probate representation is available; check eligibility and current intake limits. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm; mtlsa.org/apply-for-services/ |
| 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 a Montana probate attorney if the will is contested, heirs disagree, the estate owns real property that must be sold, creditor issues are unclear, a formal probate petition with notice is needed, or you are handling Chouteau County filings from outside Montana. Montana does not require every personal representative to hire counsel, but court staff and the Court Help Program cannot give legal advice or represent you in court. 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 families organize what the decedent owned, what passed outside probate and what may need Chouteau County District Court authority.
Generate the probate packet
Sunset turns the asset and family information into a guided estate settlement packet so you can see what still needs clerk review, attorney review or a Fort Benton filing.
Find a local probate attorney
When a Chouteau County estate needs legal advice, a home sale, formal probate with notice or help responding to creditor issues, Sunset connects the family with a vetted Montana probate attorney.
Sunset is free for families
Families can use Sunset's estate settlement tools without paying Sunset. If you choose to work with an attorney or other provider, that professional explains any separate cost before you move forward.
Frequently asked questions
Where do I file probate in Chouteau County?
File Chouteau County probate with the clerk of district court at the county courthouse in Fort Benton, 1308 Franklin, Fort Benton, MT 59442, or by mail to PO Box 459, Fort Benton, MT 59442. Venue is based on the decedent's domicile at death, or, for a decedent not domiciled in Montana, a Montana county where property was located (Mont. Code Ann. § 72-3-112).
Is Chouteau County probate filed in the District Court?
Yes. The District Court has exclusive jurisdiction of all probate matters, and Montana District Courts have original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). The clerk of district court in Fort Benton is the filing office for Chouteau County estates.
Can I e-file a Chouteau County probate case myself?
No. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. Attorneys may use electronic filing for Chouteau County Probate (DP) matters because the court is listed as enabled in the Judicial Branch court policy dated July 30, 2026.
Does Fort Benton accept fax filings for probate?
The 12th Judicial District local rules state that fax filing is not available in Fort Benton. The same local rules list [email protected] for documents when e-filing is not available, and Mont. Code Ann. § 25-1-201(1)(r) sets a 50 cents per page charge for a pleading filed by facsimile or e-mail under the 2025 code. Ask the clerk before using email for any filing.
When are Chouteau County probate hearings set?
The 12th Judicial District local rules set Chouteau County law and motion days for the first and third Tuesday of each month, except holidays and at the court's discretion. The rule does not say every probate matter is set on those days, so ask the clerk how your matter will be scheduled.
Can I appear by video in a Chouteau County probate matter?
Remote appearance is decided by the district judge under the 12th Judicial District local rules. Rule 15 makes interactive videoconference available in all 12th Judicial District courtrooms, including Fort Benton, and Montana allows testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
How do I look up a Chouteau County probate case?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov as a courtesy rather than a required statutory service. Chouteau County District Court converted to FullCourt Enterprise in February 2021. For an in-person record search, the clerk's charge is $2 per name per year for up to 7 years and $1 per name for each additional year under the 2025 Montana Code Annotated (Mont. Code Ann. § 25-1-201).
What is the Chouteau County probate filing fee?
The probate commencement filing fee is $100.00, current under the 2025 Montana Code Annotated. It is the combined $70 probate fee, $20 additional filing fee and $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
Do I have to travel to Havre because the judge is there?
Not to file the case. Chouteau County estates are filed and kept with the clerk of district court in Fort Benton. The district judge for Montana's 12th Judicial District is chambered in Havre, Hill County, and the 12th Judicial District local rules address video proceedings, so ask the clerk what travel or remote appearance will be required for your specific matter (Mont. Code Ann. § 3-5-101).
Does Montana have inheritance tax or estate tax for a Chouteau County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue says 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 duties or a Montana fiduciary income tax filing issue (revenue.mt.gov).
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.