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Fallon County, MT Probate Information
Quick facts
| Item | Fallon County details |
|---|---|
| Court | Fallon County District Court, Montana 16th Judicial District Court |
| Courthouse address | 10 West Fallon Avenue, Baker, MT 59313 |
| Mailing address | PO Box 1521, Baker, MT 59313-1521 |
| Phone | (406) 778-7114, clerk of district court |
| Fax | (406) 778-2815. Confirm before relying on fax for any filing. |
| Hours | Call (406) 778-7114 before traveling to confirm clerk hours, filing cutoffs and holiday closures. Fallon 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 amount 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 | Fallon County does not publish a county-specific probate form packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and ask the clerk whether any 16th Judicial District cover sheet is needed. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney may e-file in Fallon County District Court because Probate (DP) is enabled for that court in the Judicial Branch court policy dated July 30, 2026. |
| Case lookup | Fallon County District Court converted to FullCourt Enterprise in September 2019. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, but the clerk should be called to confirm what is available for a particular case. |
| Remote appearance | The 16th Judicial District local rules use the Judicial Video Network for audio-video or telephone appearances only with court permission on a motion filed before the hearing. |
| Court website | courts.mt.gov/CourtLocator/16thJudicialDistrict and falloncountymt.gov/clerk-of-court/ |
Before you begin — know the assets and liabilities
Before you file in Baker, make a practical list of the decedent's accounts, real property, vehicles, debts, tax documents and beneficiaries. Montana venue depends on the decedent's domicile or, for a person not domiciled in Montana, a county where the decedent's property was located at death (Mont. Code Ann. § 72-3-112).
Estate settlement often stalls because the personal representative does not know what assets exist. Sunset's 2,300-institution asset discovery helps families find accounts and build a probate-ready inventory before they contact the clerk of district court in Fallon County.
Which court handles jurisdiction
Probate for Fallon County is filed with the clerk of district court at the county courthouse in Baker, 10 West Fallon Avenue, Baker, MT 59313. Mail filings to PO Box 1521, Baker, MT 59313-1521, unless the clerk gives different instructions.
Fallon County is one of seven counties in Montana's 16th Judicial District, with Carter, Custer, Garfield, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). The judicial district assigns judges and local rules; it does not move the filing counter out of Baker.
Montana has no county-level probate tribunal: 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 under Mont. Code Ann. § 3-10-301 and City Court under Mont. Code Ann. § 3-11-102, have no probate jurisdiction.
The jurisdiction process
- Choose the correct opening paper. Use an application for informal probate or informal appointment with the clerk, or a petition for formal probate under Mont. Code Ann. § 72-3-301 when notice and a district judge are needed. In an informal proceeding, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the statement of informal probate and Letters after the required time has passed (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Prepare the Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife. Fallon County does not publish a county-specific probate form packet, so call the clerk at (406) 778-7114 to ask whether the 16th Judicial District wants any local cover sheet.
- File with the clerk of district court in Fallon County at 10 West Fallon Avenue in Baker, or mail to PO Box 1521, Baker, MT 59313-1521. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time, according to courts.mt.gov.
- Pay the $100.00 probate commencement fee, current under the 2025 Montana Code Annotated. The amount is made up of $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and the $10 user surcharge under Mont. Code Ann. § 3-1-317.
- For informal probate, wait for the clerk or district judge to act on the application. A statement of informal probate cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). Informal appointment is governed by Mont. Code Ann. § 72-3-225.
- If a hearing is needed, ask the clerk about the 16th Judicial District's Law and Motion calendar. The local rules set Fallon County probate matters on Tuesday of the first full week of each month and as caseload warrants, and matters expected to take more than 15 minutes must be scheduled for additional time.
- Ask early if a remote appearance is needed. Under the 16th Judicial District local rules, a party or counsel may use the Judicial Video Network for audio-video or telephone appearance only with prior court permission on a motion filed before the hearing; contested proceedings are discouraged on JVN.
- After appointment, qualify before using the Letters. A personal representative must file any required bond and a statement of acceptance before receiving letters (Mont. Code Ann. § 72-3-512). The Judicial Branch form packet calls the authority document 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 creditors have 4 months after the first publication to present claims, subject to the statutory claim rules (Mont. Code Ann. § 72-3-801, § 72-3-803). The inventory is due within 9 months after appointment (Mont. Code Ann. § 72-3-607).
- Close the estate using the appropriate Montana closing procedure. For court records, the clerk can search records for $2 for each name for each year searched for up to 7 years, and $1 for each additional year, current under the 2025 Montana Code Annotated (Mont. Code Ann. § 25-1-201).
Forms and documents
Probate forms in Fallon County
Fallon County does not publish a county-specific probate form packet, cover sheet or instruction sheet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and call the clerk of district court in Fallon County to ask whether the 16th Judicial District wants any additional local filing paper.
| Form resource | Where to find it | Fallon County note |
|---|---|---|
| Montana Judicial Branch probate forms | courts.mt.gov/Forms/endoflife | Includes probate materials used statewide, including the Judicial Branch packet that uses Letters of Authority. |
| Affidavit for Collection of Personal Property | courts.mt.gov/Forms/endoflife | For the personal-property affidavit route under Mont. Code Ann. § 72-3-1101. The current ceiling is $100,000 for the probate estate, raised by Ch. 453, L. 2023. |
| Fallon County filing questions | Call (406) 778-7114 | Ask about signatures, notarization, the correct county name, copies, payment method and whether a hearing date must be coordinated before filing. |
Timeline
- Before filing, call the clerk of district court at (406) 778-7114 to confirm clerk hours and whether the 16th Judicial District wants the hearing request handled in a particular way.
- File the application or petition in Baker. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney may use electronic filing for Probate (DP) in Fallon County under the Judicial Branch court policy dated July 30, 2026.
- For informal probate, the clerk cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). Informal appointment is governed by Mont. Code Ann. § 72-3-225.
- If the matter needs a hearing, Fallon County probate matters are on the 16th Judicial District Law and Motion calendar on Tuesday of the first full week of each month and as caseload warrants, according to the district's local rules.
- For a video or telephone appearance request, file the motion early enough to satisfy the 16th Judicial District local rules. The rules require prior court permission for the Judicial Video Network and discourage JVN for contested proceedings.
Local nuance
Fallon County-specific considerations
| Local point | What it means for a Fallon County estate |
|---|---|
| Department 2 of the 16th Judicial District | Fallon County is in Department 2 with Carter, Garfield, Rosebud and Treasure Counties under the 16th Judicial District local rules and Mont. Code Ann. § 3-5-101. File in Baker even though the judicial district covers seven counties. |
| Monthly Law and Motion calendar | The local rules put Fallon County probate matters on Tuesday of the first full week of each month and as caseload warrants. Ask the clerk whether your matter fits that calendar or needs additional time. |
| JVN procedure | The 16th Judicial District local rules allow Judicial Video Network appearances only with prior court permission on a motion filed before the hearing. The rules say JVN is liberally allowed for routine matters but generally discouraged for contested proceedings. |
| Attorney e-filing enabled | Fallon County District Court is enabled for electronic filing for Probate (DP), according to courts.mt.gov court policy dated July 30, 2026. E-filing is not available to self-represented litigants at this time. |
| FullCourt Enterprise conversion | Fallon County District Court converted to FullCourt Enterprise in September 2019, according to courts.mt.gov, so its records are within the group of district courts tied to the Montana District Court Public Access Portal. |
Recent updates
| Date | Fallon County update |
|---|---|
| September 2019 | Fallon County District Court converted to the state's FullCourt Enterprise case management system, according to courts.mt.gov. |
| July 30, 2026 | The Montana Judicial Branch court policy lists Fallon County District Court as enabled for e-filing, including Probate (DP), while e-filing remains unavailable to self-represented litigants at this time, according to courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Fallon County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the home is titled and which assets actually require court authority. If probate is needed, file in Baker with the clerk of district court. Montana venue turns on domicile or Montana property location (Mont. Code Ann. § 72-3-112). | Sunset helps identify accounts, debts and title clues so the spouse can decide whether estate settlement needs a court filing or only targeted transfers. |
| Out-of-state adult child with a small estate | If the probate estate is within the Affidavit for Collection of Personal Property route, the current ceiling is $100,000, raised by Ch. 453, L. 2023, and the affidavit is governed by Mont. Code Ann. § 72-3-1101. If a personal representative is needed, file the application or petition in Baker and ask about paper filing by mail. | Sunset helps gather institution details and can generate a packet that the child can review before calling the clerk of district court in Fallon County. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires clear authority from the Fallon County District Court unless the title already transfers outside the estate. The personal representative will need Letters of Authority from the Judicial Branch packet at courts.mt.gov before dealing with title companies or buyers. | Sunset helps organize assets, debts, heirs and sale-related documents, then connects the family with a local probate attorney when the real estate piece makes estate settlement more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of district court in Fallon County | Takes the filing that opens an estate. The clerk can provide forms and check for signatures, notarization, correct county name and case number, but cannot fill in forms or give legal advice. | 10 West Fallon Avenue, PO Box 1521, Baker, MT 59313-1521. Phone (406) 778-7114. |
| Montana Judicial Branch probate forms | Statewide probate forms for people preparing estate filings. | courts.mt.gov/Forms/endoflife |
| Court Help Program | Free statewide civil legal information program. It cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/. Phone (406) 841-2975. |
| Montana State Law Library Self-Help Law Center | State Law Library self-help location in Helena. | 215 N Sanders, Helena. Phone (406) 444-9300. |
| Montana District Court Public Access Portal | Portal published by courts.mt.gov for district courts that have converted to FullCourt Enterprise, including Fallon County District Court. | dcportal.pubcourts.mt.gov |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take an estate matter. | mtlsa.org and mtlsa.org/apply-for-services/. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| State Bar of Montana | Attorney referral information for families who need probate counsel. | Call (406) 449-6577. |
When to hire an attorney
Consider a probate attorney if the will is disputed, heirs disagree, the estate includes real property that must be sold, creditors are active, a business is involved, tax filings are uncertain, or a remote appearance in the 16th Judicial District will need motion practice. Montana does not require every personal representative to hire counsel, but the Court Help Program cannot give legal advice or represent you in court, and the Judiciary's own probate materials point readers to 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 institutions to help identify bank, brokerage, retirement and insurance relationships that may need attention during estate settlement.
Generate the probate packet. Sunset turns the family and asset information you provide into an organized packet for the Fallon County District Court, using Montana terminology such as personal representative, application, statement of informal probate and Letters of Authority.
Find a local probate attorney. When a Fallon County estate involves a home sale, conflict, creditor problems or formal probate with notice, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and prepare for the clerk or attorney conversation without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Fallon County?
File with the clerk of district court in Fallon County at the county courthouse in Baker, 10 West Fallon Avenue, Baker, MT 59313. Mail goes to PO Box 1521, Baker, MT 59313-1521. Venue is based on the decedent's domicile or, for a person not domiciled in Montana, a county where the decedent had property at death (Mont. Code Ann. § 72-3-112).
Is Fallon County in the 16th Judicial District?
Yes. Fallon County is in Montana's 16th Judicial District with Carter, Custer, Garfield, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). The judicial district sets the judge structure and local rules, but the filing is still made in Baker.
Can I e-file a Fallon County probate case?
A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney may e-file in Fallon County District Court because courts.mt.gov lists Probate (DP) as enabled for that court in the July 30, 2026 court policy.
When are Fallon County probate hearings heard?
The 16th Judicial District local rules place Fallon County probate matters on the Law and Motion calendar on Tuesday of the first full week of each month and as caseload warrants. Call the clerk to confirm the current hearing day and whether the matter needs additional time under the local rules.
Can I appear by video or phone in a Fallon County probate matter?
Remote appearance is controlled by the 16th Judicial District local rules. The court uses the Judicial Video Network for audio-video or telephone participation only with prior court permission on a motion filed before the hearing, and the local rules discourage JVN for contested proceedings. Montana district courts may allow testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How do I look up a Fallon County probate case?
Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and Fallon County District Court converted to FullCourt Enterprise in September 2019. The Judicial Branch describes the portal as a courtesy, so call the clerk to confirm what is available for a specific case. The clerk can also perform a record search for $2 per name per year for up to 7 years and $1 per name for each additional year, current under the 2025 Montana Code Annotated (Mont. Code Ann. § 25-1-201).
Does Fallon County have its own probate forms?
Fallon County does not publish a county-specific probate form packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and call the clerk to ask whether any 16th Judicial District cover sheet is needed.
How much does it cost to start probate in Fallon County?
The probate commencement fee is $100.00, current under the 2025 Montana Code Annotated. It consists of $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.
Does Montana have inheritance tax or estate tax for a current Fallon County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The inheritance tax reaches no death after January 1, 2001, the estate tax reaches no death after December 31, 2004, and the Department of Revenue no longer issues a certificate or consent to close probate, according to revenue.mt.gov. An estate may still owe federal tax and may still need a Montana income tax return for the estate.
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.