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Daniels County, MT Probate Information
Quick facts
| Topic | Daniels County detail |
|---|---|
| Court | The Daniels County District Court, Montana's 15th Judicial District Court sitting in Daniels County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | Clerk of district court, 213 Main Street, Scobey, MT 59263. |
| Mailing address | PO Box 67, Scobey, MT 59263-0067. |
| Phone | (406) 487-2651. |
| Fax | (406) 487-5432. |
| [email protected]. | |
| Hours | Call (406) 487-2651 to confirm public counter hours before traveling to the courthouse. Daniels County is on Mountain Time. |
| Filing fee (Mont. Code Ann. § 25-1-201) | As of August 2026, $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The amount is the sum of the $70 probate filing amount, a $20 additional filing fee under Mont. Code Ann. § 25-1-202, and a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. |
| Local forms | Daniels County does not publish a county-specific probate packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Daniels County District Court is enabled for attorney electronic filing in Probate DP cases under courts.mt.gov materials as of July 30, 2026. E-filing is not available to self-represented litigants at this time, so a self-represented personal representative files on paper with the clerk. |
| Case search | Daniels County District Court converted to FullCourt Enterprise in March 2022. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, described by courts.mt.gov as a courtesy rather than a required statutory service. |
| Remote appearance | Remote appearance is governed by the 15th Judicial District local rules. The district uses Zoom for certain routine matters, with limits for testimony and documentary evidence. |
| Court website | courts.mt.gov/CourtLocator/15thJudicialDistrict and danielscountymt.gov. |
Before you begin — know the assets and liabilities
Before you choose a filing path in Daniels County, make a practical list of the decedent's assets, debts, account access, titles, beneficiary designations and known creditors. The right estate settlement path depends on what is actually in the probate estate, where the decedent was domiciled, and whether anyone is likely to object.
Sunset's 2,300-institution asset discovery can help identify financial accounts and other assets before you prepare the Daniels County filing packet. That upfront inventory work also helps you decide whether a paper filing with the clerk, attorney e-filing, or a no-court collection route under Mont. Code Ann. § 72-3-1101 should be discussed with a lawyer.
Which court handles jurisdiction
Probate for Daniels County is filed with the clerk of district court at the county courthouse in Scobey, Montana. Use the clerk's counter at 213 Main Street for in-person filing, and use PO Box 67, Scobey, MT 59263-0067 for mail.
Daniels County is one of three counties in Montana's 15th Judicial District, with Roosevelt and Sheridan Counties (Mont. Code Ann. § 3-5-101). Unlike many multi-county districts where the district judge is chambered outside the filing county, the 15th Judicial District's district judge is chambered in Scobey, at a different address from the clerk of district court.
Montana does not use a county-level court for probate and does not have a separate court only 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 Scobey, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue is county-based: the first informal or formal testacy or appointment proceeding is filed 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
- Confirm that Daniels County is the right venue under Mont. Code Ann. § 72-3-112, based on the decedent's domicile at death or Montana property if the decedent was not domiciled in Montana.
- Choose the filing path. An informal probate uses an application to the clerk, while formal probate uses a petition with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Gather the statewide Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife and prepare the Daniels County caption for the Daniels County District Court.
- File on paper with the clerk of district court at 213 Main Street in Scobey if you are self-represented. Attorneys may use electronic filing for Daniels County Probate DP cases under courts.mt.gov materials, but e-filing is not available to self-represented litigants at this time.
- Pay the filing fee. As of August 2026, the probate commencement amount is $100.00, made up of the $70 amount in Mont. Code Ann. § 25-1-201, the $20 additional filing fee in Mont. Code Ann. § 25-1-202, and the $10 user surcharge in Mont. Code Ann. § 3-1-317.
- For informal probate, the clerk of district court makes the findings required by statute, may deny an application that does not meet them, and may issue the statement of informal probate and Letters after 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 hearing is needed, ask the clerk how the 15th Judicial District local rules apply. Daniels County law and motion is set for the second Wednesday and fourth Tuesday beginning 9:15 a.m. and as needed, starting from the Monday of the first full week of the month.
- For remote appearance questions, ask about the 15th Judicial District local rules before the hearing. Counsel may use Zoom for routine matters without a motion, but testimony or documentary evidence is not treated as routine, and Mont. R. Civ. P. 43(a) permits testimony by contemporaneous transmission only for good cause in compelling circumstances.
- 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 Montana court forms is the Letters of Authority from courts.mt.gov.
- Administer and close the estate settlement. The personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors generally have 4 months after the date of first publication under Mont. Code Ann. § 72-3-801, subject to the claims bar in Mont. Code Ann. § 72-3-803. The inventory is due within 9 months after appointment under Mont. Code Ann. § 72-3-607.
Forms and documents
Probate forms in Daniels County
Daniels County does not publish a county-specific probate packet for the Daniels County District Court. The filing packet should be built from the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then filed with the clerk of district court in Scobey.
| Form resource | Use in Daniels County |
|---|---|
| Montana Judicial Branch probate forms | Use courts.mt.gov/Forms/endoflife for statewide probate forms used in Daniels County District Court. |
| Informal probate paperwork | The statewide materials include forms for an informal application, the statement of informal probate under Mont. Code Ann. § 72-3-215, acceptance paperwork and Letters of Authority from courts.mt.gov. |
| Affidavit for Collection of Personal Property | This is the Montana personal-property collection route under Mont. Code Ann. § 72-3-1101. It is presented to the person or institution holding the property, not used to open a Daniels County probate case. |
| Daniels County local forms | No county-specific probate packet is published on the Daniels County clerk of district court page. Call the clerk before filing to ask whether the office wants any cover sheet or local formatting item. |
Timeline
- Before filing, call the clerk of district court at (406) 487-2651 to confirm counter hours and current filing logistics for the Daniels County courthouse.
- 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 (Mont. Code Ann. § 72-3-215).
- If the matter is set for law and motion, the 15th Judicial District local rules set Daniels County law and motion for the second Wednesday and fourth Tuesday beginning 9:15 a.m. and as needed, starting from the Monday of the first full week of the month.
- If remote appearance is requested, follow the 15th Judicial District local rules before the hearing. The district uses Zoom for certain routine matters, while witness testimony or documentary evidence requires additional coordination and may require a motion.
- After appointment, track statewide administration deadlines. Creditors receive the 4 months process under Mont. Code Ann. § 72-3-801, and the inventory is due within 9 months after appointment under Mont. Code Ann. § 72-3-607.
Local nuance
Daniels County-specific considerations
| Local point | What it means for a Daniels County filing |
|---|---|
| Resident district judge | Daniels County is in Montana's 15th Judicial District with Roosevelt and Sheridan Counties (Mont. Code Ann. § 3-5-101), and the district judge is chambered in Scobey rather than only in another county. |
| Separate clerk and judge addresses | Probate filings go to the clerk of district court at 213 Main Street. The judge's chambers are at a different Scobey address, so do not mail estate filings to chambers unless the clerk instructs otherwise. |
| Current 15th District rules | The 15th Judicial District local rules effective July 1, 2026 set the Daniels County law and motion schedule and the Zoom procedure for routine matters, witness testimony and documentary evidence. |
| Attorney electronic filing | Daniels County Probate DP cases are enabled for attorney electronic filing under courts.mt.gov materials as of July 30, 2026. Self-represented litigants must still file on paper with the clerk. |
Recent updates
| Change | What changed locally |
|---|---|
| 15th Judicial District local rules effective July 1, 2026 | The district adopted current local rules setting Daniels County law and motion for the second Wednesday and fourth Tuesday beginning 9:15 a.m. and as needed, starting from the Monday of the first full week of the month. The same local rules describe Zoom procedures for routine matters, witness testimony and documentary evidence. |
| Attorney e-filing status as of July 30, 2026 | Daniels County District Court is listed in courts.mt.gov materials as enabled for attorney electronic filing in Probate DP cases. E-filing is not available to self-represented litigants at this time. |
Scenarios
| Scenario | Likely Daniels County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking title, beneficiary designations and whether any assets actually require probate in Daniels County. If a probate estate must be opened, file with the clerk of district court in Scobey under the venue rule in Mont. Code Ann. § 72-3-112. | Sunset helps identify accounts, organize title and beneficiary information, and build an estate settlement checklist before the spouse files or speaks with an attorney. |
| Out-of-state adult child w/ small estate | If only personal property needs collection, discuss whether the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 applies after the statutory waiting period. If a Daniels County case is needed, a self-represented filer files on paper with the clerk because courts.mt.gov states e-filing is not available to self-represented litigants. | Sunset helps locate accounts, generate a probate packet when court filing is needed, and connect the child with a Montana attorney if travel, notice or creditor issues make the estate settlement harder. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires authority through the Daniels County District Court unless title passes outside probate. The parent should expect a court filing in Scobey, possible law and motion scheduling under the 15th Judicial District local rules, and Letters of Authority from courts.mt.gov forms before dealing with buyers or title issues. | Sunset helps gather asset information, prepare the filing packet and connect the family with a vetted attorney for sale authority, creditor issues and formal probate with notice if needed. |
Self-help resources
| Resource | How to use it from Daniels County |
|---|---|
| Court Help Program, courts.mt.gov/SelfHelp/, (406) 841-2975 | The Montana Supreme Court's Court Help Program provides civil legal information and resources. It cannot give legal advice or represent you in court. |
| State Law Library Self-Help Law Center, courts.mt.gov, 215 N Sanders, Helena, (406) 444-9300 | Daniels County does not have a staffed Self-Help Law Center. Use the statewide Court Help Program or the State Law Library center for general civil self-help information, not representation. |
| Montana Legal Services Association, mtlsa.org, HelpLine 1-800-666-6899 | Montana Legal Services Association is the statewide civil legal aid provider. The HelpLine is listed for Tuesday through Thursday, 9:00 am to 1:00 pm. Do not assume it will take an estate matter. |
| MontanaLawHelp.org, a Montana Legal Services Association resource | Use MontanaLawHelp.org for public self-help information about Montana legal topics. It is not a substitute for advice from an attorney about a Daniels County estate settlement. |
When to hire an attorney
Hiring a lawyer often makes sense when the estate includes real property to sell, a disputed will, creditor problems, missing heirs, a formal probate petition with notice, tax questions, or any request to appear by Zoom that will involve testimony or documents under the 15th Judicial District local rules. Montana does not require every personal representative to hire a lawyer, and the Court Help Program can provide legal information, but it cannot give legal advice or represent you in court. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify accounts, insurance, retirement assets and other property that may matter in a Daniels County estate settlement.
Generate the probate packet. Sunset helps turn the asset picture into a probate packet using Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and the Daniels County filing details for the clerk of district court in Scobey.
Find a local probate attorney. When a filing needs formal probate with notice, real estate sale authority, creditor work or help with the 15th Judicial District local rules, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand filing steps and decide when attorney help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Daniels County?
File with the clerk of district court for the Daniels County District Court at 213 Main Street, Scobey, MT 59263, or mail the filing to PO Box 67, Scobey, MT 59263-0067. Venue depends on the decedent's domicile at death or Montana property if the decedent was not domiciled in Montana (Mont. Code Ann. § 72-3-112).
Does Daniels County have a separate court just for probate?
No. The District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111), and Montana District Courts have original jurisdiction over all civil and probate matters (Mont. Code Ann. § 3-5-302). The Justice Court and City Court in Scobey are courts of limited jurisdiction and do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
Can I e-file a Daniels 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. A self-represented personal representative files on paper with the clerk of district court in Scobey. Attorneys may use electronic filing for Daniels County Probate DP cases under courts.mt.gov materials.
What is the Daniels County probate filing fee?
As of August 2026, the probate filing fee is $100.00. It includes the $70 probate amount in Mont. Code Ann. § 25-1-201, the $20 additional filing fee in Mont. Code Ann. § 25-1-202, and the $10 user surcharge in Mont. Code Ann. § 3-1-317.
When are Daniels County probate matters heard?
The 15th Judicial District local rules set Daniels County law and motion for the second Wednesday and fourth Tuesday beginning 9:15 a.m. and as needed, starting from the Monday of the first full week of the month. Informal probate may be handled by the clerk when the statutory requirements are met, and the statement of informal probate cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215).
Can I appear by Zoom in a Daniels County probate matter?
Remote appearance is governed by the 15th Judicial District local rules. Counsel may appear by Zoom for routine matters without a motion, but matters involving witness testimony or documentary evidence are not routine, and testimony by contemporaneous transmission is allowed only under the standards in Mont. R. Civ. P. 43(a). Ask the clerk for the current procedure before the hearing.
Can I look up a Daniels County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, and courts.mt.gov describes the portal as a courtesy rather than a required statutory service. Daniels County District Court converted to FullCourt Enterprise in March 2022. For in-person case search options, the clerk may search court records for $2 per name per year for up to 7 years, then $1 per name for each additional year, as of August 2026 under Mont. Code Ann. § 25-1-201.
Are there Daniels County probate forms?
Daniels County does not publish a county-specific probate packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and call the clerk of district court before filing to ask about local formatting or cover sheet preferences.
Does Montana have an inheritance tax or estate tax for a Daniels County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue states at revenue.mt.gov that Montana no longer collects estate or inheritance taxes and no longer requires a certificate or consent to close probate, but an estate may still have federal tax duties or a Montana income tax filing issue.
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.