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Flathead County, MT Probate Information
Quick facts
| Item | Flathead County detail |
|---|---|
| Court | Flathead County District Court, Montana 11th Judicial District Court |
| Filing office | Clerk of district court in Flathead County |
| Courthouse address | Flathead County Justice Center, 920 South Main, Suite 300, Kalispell, MT 59901 |
| Mailing address | The office publishes the same address for mail: 920 South Main, Suite 300, Kalispell, MT 59901 |
| Phone | (406) 758-5870 |
| Fax | No clerk of district court fax number is published on the Flathead County clerk pages or the Montana Judicial Branch CourtLocator page. Call the clerk before sending anything by facsimile. |
| [email protected] for questions, not for filing court documents | |
| Hours | 8:00 am to 5:00 pm, Monday through Friday, Mountain Time. Call before making the trip because holidays and schedules can change. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The figure is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge in the Montana Code Annotated 2025, and Flathead County's page updated June 29, 2026 prints the same amount (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | Yes. Flathead County publishes a Probate Creditor's Claim and a Probate Demand for Notice. The statewide probate forms are at courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time according to courts.mt.gov. Attorneys may file electronically where the court and case type are enabled, and the Judicial Branch court policy lists Flathead County District Court as enabled for Probate (DP). |
| Case search | Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov. Flathead County District Court converted to FullCourt Enterprise in February 2018. |
| Remote appearance | Decided by the assigned district judge under the 11th Judicial District local rules and standing orders. Follow your notice or order and ask the clerk what the district requires. |
| Websites | courts.mt.gov/CourtLocator/11thJudicialDistrict and flatheadcounty.gov/department-directory/clerk_of_court |
Before you begin — know the assets and liabilities
Know what the estate holds and what it owes before you go to the clerk of district court in Kalispell. In Flathead County, that affects whether a court filing is needed, whether the affidavit route under Mont. Code Ann. § 72-3-1101 might fit instead, and how many certified copies of the Letters of Authority you may need at $2.00 each under the Flathead County schedule updated June 29, 2026 and Mont. Code Ann. § 25-1-201. The office can give you forms and accept filings, but it publishes that it cannot choose forms for you or tell you what to file.
Sunset's asset discovery searches more than 2,300 financial institutions, so a Flathead County family can see accounts, balances and liabilities before choosing an estate settlement path or filling in a probate form.
Which court handles jurisdiction
Probate for Flathead County is filed with the clerk of district court at the county courthouse in Kalispell. Flathead County is the only county in Montana's 11th Judicial District, which is how district judges and local rules are assigned, so the judges who sign orders sit in the same building where the case is filed (Mont. Code Ann. § 3-5-101).
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, City Court and Municipal Court that sit in the same counties, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102). In Flathead County, the wrong counters include the Flathead County Justice Court, the Kalispell Municipal Court, the Whitefish Municipal Court and the Columbia Falls City Court.
Venue for the first probate or appointment proceeding is the county where the decedent had the decedent's domicile at the time of death, or, if the decedent was not domiciled in Montana, any county where the decedent's property was located at the time of death (Mont. Code Ann. § 72-3-112). For Flathead County, that means Kalispell is the filing city for estates properly venued in this county.
The jurisdiction process
- Work out what the estate owns and owes before opening a case. The personal representative will need an inventory later, and the route depends on what is in the probate estate under Mont. Code Ann. § 72-3-1101 and what must pass through the District Court.
- Get the forms. The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife, including the How to Administer a Small Estate Packet, the Application for Informal Probate, the Statement of Informal Probate, the Letters of Authority and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. Flathead County also publishes a Probate Creditor's Claim and a Probate Demand for Notice.
- File an application for informal probate and appointment, or, for a formal probate with notice, a petition under Mont. Code Ann. § 72-3-301, with the clerk of district court in Suite 300 of the Flathead County Justice Center at 920 South Main in Kalispell, or mail it to the same address. A self-represented filer files on paper because courts.mt.gov states that e-filing is not available to self-represented litigants at this time.
- Do not rely on facsimile or electronic mail to start the case. The clerk of district court in Flathead County publishes that court documents cannot be submitted that way, apart from proposed findings of fact, conclusions of law and orders, under a local district court order dated June 18, 2013.
- Check the paperwork against the 11th Judicial District standing order before submitting it. A standing order dated February 18, 2025 directs the clerk of district court to refuse a document that is unsigned, undated, incomplete or, if it is not the initiating document, lacks a certificate of service for all parties.
- Pay the $100.00 filing fee to commence the probate. The amount is the $70 statutory probate fee under the Montana Code Annotated 2025, plus the $20 additional filing fee and the $10 court information technology user surcharge, and Flathead County's page updated June 29, 2026 prints the same amount (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- The clerk of district court assigns the case at random to one of the court's departments and appends that department's letter to the case number. Flathead County probate case numbers use the DP case-type prefix and this court's number, 15, in the case-number format published by courts.mt.gov.
- 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 the Letters after the required time has passed. The clerk may not issue the statement of informal probate until at least 120 hours have elapsed since the death, and informal appointment for a nonresident decedent is delayed 30 days unless the statutory exception applies (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). The Judiciary's packet on courts.mt.gov calls the authority document Letters of Authority.
- Ask for certified copies of the Letters of Authority if banks, a title company or another holder will need proof of authority. Flathead County's schedule updated June 29, 2026 lists certification with a seal at $2.00 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 Flathead County. Creditors then have 4 months after the date of first publication, with the mailed-notice rule stated in the statute (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, listing probate property with fair market value as of the date of death and encumbrances as required by the statute (Mont. Code Ann. § 72-3-607).
- If a hearing is needed, use the assigned department. Under the 11th Judicial District local rules, each department's daily calendar of hearings is posted on the clerk of district court's website, and the district court administrator provides the annual law and motion and trial calendar on request. The same local rules state that the calendar is routinely subject to change.
- Confirm remote appearance requirements before any hearing. Whether anyone may appear by video or telephone is decided by the district judge under the 11th Judicial District local rules and standing orders, and Montana has no statewide rule giving a party a right to appear remotely. 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 the estate, keep copies of everything filed, and confirm current fee, form, local rules and filing details with the clerk of district court at (406) 758-5870 or [email protected] before relying on them for estate settlement.
Executor duties
- Use the right counter. Estate filings go to the clerk of district court in Suite 300 of the Flathead County Justice Center at 920 South Main in Kalispell, or by mail to the same address. Suite 310 is for the district judges and court administrator.
- Get the filing accepted the first time. The 11th Judicial District's standing order dated February 18, 2025 directs the clerk of district court to refuse unsigned, undated or incomplete documents, and later filings that lack a certificate of service for all parties.
- Work with the department assigned at opening. The clerk of district court appends a department letter to the case number when the case is filed. Later filings should use the case number, which begins with DP-15 for a Flathead County probate case according to courts.mt.gov.
- Bring a proposed order with routine or unopposed motions. The 11th Judicial District local rules require a routine or unopposed motion to include a proposed order, sufficient copies and addressed, stamped envelopes for service, and to say whether the other side objects.
- Keep the office email for questions. The clerk publishes that court documents cannot be submitted by facsimile or electronic mail, apart from proposed findings of fact, conclusions of law and orders, under a local district court order dated June 18, 2013.
- Budget for certified copies and copy charges. Flathead County's schedule updated June 29, 2026 lists certification with a seal at $2.00, paper copies at $1.00 per page for the first ten pages and $0.50 per page after that, emailed copies at $0.25 per page, and a notarization or jurat with a seal at $1.00, all under Mont. Code Ann. § 25-1-201.
Forms and documents
Probate forms in Flathead County
The Montana Judicial Branch publishes statewide probate forms at courts.mt.gov/Forms/endoflife. Flathead County's clerk of court forms page points readers to that statewide page and adds two county forms of its own, both captioned to the Montana Eleventh Judicial District Court, Flathead County.
| Form | Who uses it | Local note |
|---|---|---|
| Statewide probate forms at courts.mt.gov/Forms/endoflife | Personal representatives and other estate filers | The statewide set includes the How to Administer a Small Estate Packet, the Application for Informal Probate, the Statement of Informal Probate and the Letters of Authority on courts.mt.gov, plus the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. |
| Probate Creditor's Claim | A creditor presenting a claim against a Flathead County estate | This one-page county form asks for the creditor, basis of claim, supporting documentation, amount and service information. |
| Probate Demand for Notice | A person with a financial or property interest who wants notice of estate filings | The county form asks for contact information, the decedent's identifying information and the demandant's interest in the estate. |
| Fee Waiver Affidavit & Order | A filer asking the court to waive court costs | The county publishes the form on its forms page, and courts.mt.gov publishes fee-waiver materials. A Statement of Inability to Pay Court Costs and Fees is also named in the 11th Judicial District standing order on filings. |
No local probate cover sheet or local probate checklist is published on the Flathead County clerk of court pages or attached to the current 11th Judicial District local rules. The local rules do require a routine or unopposed motion to include a proposed order, sufficient copies and addressed, stamped envelopes for service.
Fees
Flathead County publishes the clerk of district court's fees on a filing-fees page updated June 29, 2026 and in a downloadable schedule effective July 1, 2023 and updated May 17, 2024. The amounts are statutory, not a county surcharge, and the filing-fee page states that filing fees are set by Montana law (Mont. Code Ann. § 25-1-201).
| Charge | Amount | When an estate may meet it |
|---|---|---|
| Probate commencement | $100.00 | To open an informal, formal or ancillary probate. This is the $70 statutory probate fee, the $20 additional filing fee and the $10 court information technology user surcharge in the Montana Code Annotated 2025 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Certification with seal | $2.00 | For a certified copy of the Letters of Authority or another certified estate document, as listed on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). |
| Paper copies | $1.00 per page for the first ten pages of each file per request, then $0.50 per page | For copies from the clerk's file, as listed on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). |
| Emailed copies | $0.25 per page | For copies sent electronically by the clerk, as listed on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). |
| Record search | $2.00 per name per year for the first seven years, then $1.00 per name per year after that | For a clerk search of public court matters, including probate, as listed by Flathead County and Mont. Code Ann. § 25-1-201. |
| Oath or jurat with seal | $1.00 | For a notarization or jurat with the court seal, as listed on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). |
| Authenticated or exemplified copy | $6.00 | For an authenticated or exemplified copy, as listed on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). |
Timeline
- At filing, the clerk of district court assigns the probate at random to a department and appends that department letter to the case number under the 11th Judicial District local rules.
- Before acceptance, check for signatures, dates, completeness and service certificates. A standing order dated February 18, 2025 directs the clerk of district court to return defective filings with a notice of the reason.
- After opening, use the assigned department. Each department's daily calendar of hearings is posted on the clerk of district court's website under the 11th Judicial District local rules, and probate matters appear on that calendar.
- For scheduling, ask the district court administrator or clerk about the current annual calendar. The 11th Judicial District local rules say the annual calendar identifies law and motion, contested law and motion, jury terms and nonjury terms for each department, and that it is routinely subject to change.
- For a routine or unopposed motion, include a proposed order, sufficient copies and addressed, stamped envelopes for service, and state whether the other side objects, as required by the 11th Judicial District local rules.
- If both parties in a case are self-represented and a hearing is being set, the 11th Judicial District local rules state that the filings and documentation must first be reviewed by the Self-Help Law Center for completeness, consistency and readiness for hearing. The same local rules state that the Self-Help Law Center does not provide legal advice.
- For remote appearance, follow the 11th Judicial District local rules and standing orders. The district publishes remote-appearance orders and a Zoom Hearings page, and one order requires a motion and proposed order for a remote appearance by noon on the business day immediately before the hearing or trial.
- Confirm current scheduling, local rules and filing requirements with the clerk of district court in Flathead County at (406) 758-5870 before relying on a calendar entry.
Local nuance
Flathead County-specific considerations
- Flathead County is a single-county judicial district. Montana's 11th Judicial District covers Flathead County alone, under Mont. Code Ann. § 3-5-101, so the filing counter and district judges are in the Flathead County Justice Center in Kalispell.
- The District Court is divided into departments, and the clerk of district court appends a department letter to the case number when the case is filed. The current local rules contain an internal inconsistency about the count of departments, so this page does not state a number.
- The 11th Judicial District local rules give the Flathead County Self-Help Law Center an operational role in cases where both parties are self-represented: a hearing may not be set until the filings and documentation have been reviewed for completeness, consistency and readiness for hearing. The same local rules say the Self-Help Law Center does not provide legal advice, and courts.mt.gov lists it as part of the Montana Supreme Court Court Help Program.
- Flathead County publishes two probate forms of its own, a Probate Creditor's Claim and a Probate Demand for Notice, in addition to the statewide probate forms at courts.mt.gov/Forms/endoflife.
- Flathead County publishes its clerk of district court fee schedule under Mont. Code Ann. § 25-1-201 as a web page updated June 29, 2026 and as a downloadable schedule effective July 1, 2023 and updated May 17, 2024.
- The clerk of district court publishes that court documents cannot be submitted by facsimile or electronic mail, apart from proposed findings of fact, conclusions of law and orders, under a local district court order dated June 18, 2013.
- The clerk of district court holds Flathead County probate records and wills from 1893 to the present. Records dated before 1893 are held by Missoula County. Record search fees are listed under Mont. Code Ann. § 25-1-201.
- The clerk of district court is in Suite 300, the district judges and court administrator are in Suite 310, and the Flathead County Self-Help Law Center is in the same Justice Center building. The clerk and recorder keeps land and vital records and does not receive probate filings.
Recent updates
| Change | Date | Where to check |
|---|---|---|
| The Montana Eleventh Judicial District Court re-adopted its local rules for Flathead County, filed a Standing Order Re: Filings and filed an Order Implementing Electronic Filing System. | Filed and effective February 18, 2025 | Flathead County clerk of court District Court Orders page |
| The Montana Judicial Branch electronic filing court policy lists Flathead County District Court among district courts enabled for electronic filing and lists Probate (DP) among enabled case types, while stating that e-filing is not enabled for self-represented litigants at any court. | As of July 30, 2026 | courts.mt.gov electronic filing court policy |
| Flathead County's clerk of district court filing-fees page prints $100.00 for informal or formal probate under Mont. Code Ann. § 25-1-201 and states that filing fees are set by Montana law. | Page updated June 29, 2026; downloadable schedule effective July 1, 2023 and updated May 17, 2024 | Flathead County clerk of court filing-fees page |
| Flathead County District Court converted to the state's FullCourt Enterprise case management system, which places its records within the Montana District Court Public Access Portal described at courts.mt.gov. | February 2018 | courts.mt.gov District Courts page |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Flathead County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the Kalispell home was owned in joint tenancy, the house may not be the asset that requires court. The question is what was in the decedent's sole name. If an estate must be opened, the application goes to the clerk of district court in Suite 300 of the Flathead County Justice Center, the clerk appends a department letter to the case number, and the clerk or district judge issues the statement of informal probate and Letters after at least 120 hours have elapsed (Mont. Code Ann. § 72-3-215). Certified copies of the Letters of Authority are listed at $2.00 each on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). | Sunset finds accounts and balances across more than 2,300 institutions, so the spouse can see whether a court estate settlement is needed before starting forms. |
| Out-of-state adult child with small estate | If the parent was domiciled in Flathead County, venue is in Flathead County even if the child lives elsewhere (Mont. Code Ann. § 72-3-112). A self-represented filer can mail paper filings to the clerk of district court at 920 South Main, Suite 300, Kalispell, MT 59901 because courts.mt.gov states that e-filing is not available to self-represented litigants. If the affidavit route under Mont. Code Ann. § 72-3-1101 fits, the affidavit is presented to the holder of the property rather than filed with the clerk. If a case exists, a DP-15 case number can be used with the Montana District Court Public Access Portal described at courts.mt.gov. | Sunset assembles the asset picture remotely, so an out-of-state family member can decide whether to open a probate in Kalispell or use the affidavit route under Mont. Code Ann. § 72-3-1101. |
| Parent settling predeceased child's estate, home must be sold | If a Flathead County house must be sold, the family should expect a probate filing and Letters of Authority. Montana's collection affidavit under Mont. Code Ann. § 72-3-1101 is for personal property, not a real-estate transfer. File with the clerk of district court in Kalispell, use the department assigned by the clerk, and include a proposed order with any routine or unopposed motion under the 11th Judicial District local rules. The title company may ask for certified copies of the Letters, listed at $2.00 each on the Flathead County schedule updated June 29, 2026 (Mont. Code Ann. § 25-1-201). | Sunset builds the asset and liability picture, including what is owed against the home, so the parent knows what the sale must clear before the estate settlement work starts. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Flathead County Self-Help Law Center | A free Montana Supreme Court Court Help Program location in the Flathead County Justice Center. The county points probate readers to it for possible form help, and the 11th Judicial District local rules require its review before a hearing is set in a case where both parties are self-represented. The program cannot give legal advice or represent you in court, according to courts.mt.gov. | 920 South Main, Kalispell, MT 59901. (406) 758-3397. [email protected]. Published schedule: Monday through Thursday, 8:00 am to 4:00 pm. |
| Court Help Program | Statewide Montana Supreme Court service for civil, non-criminal problems. It provides legal information and resource direction, but courts.mt.gov states it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/ |
| Flathead County clerk of district court | Procedural, fee and records questions. The office can provide filing fee information under Mont. Code Ann. § 25-1-201 and accept filings, but it cannot choose forms, fill out forms, correct answers, give legal advice or tell you what to file. | (406) 758-5870. [email protected]. 920 South Main, Suite 300, Kalispell, MT 59901. |
| Montana Judicial Branch probate forms | Statewide probate forms at courts.mt.gov/Forms/endoflife, including the packet with the Application for Informal Probate, Statement of Informal Probate and Letters of Authority, plus the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. | courts.mt.gov/Forms/endoflife |
| Flathead County clerk of court forms page | County forms, including Probate Creditor's Claim, Probate Demand for Notice and Fee Waiver Affidavit & Order. Fee-waiver materials are also available through courts.mt.gov. | flatheadcounty.gov/department-directory/clerk_of_court/links |
| Montana Legal Services Association | Statewide civil legal aid intake. It does not promise representation for a personal representative in an estate. MontanaLawHelp.org is Montana Legal Services Association's public self-help library. | mtlsa.org. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| Montana State Law Library | Statewide Self-Help Law Center listed by courts.mt.gov and a scheduling contact for video-conferencing self-help appointments in the North West Region. | 215 North Sanders, Helena. 406-444-9300. [email protected]. |
| Montana District Court Public Access Portal | Case search for district courts that have converted to FullCourt Enterprise. courts.mt.gov describes the public access portal as a courtesy rather than a required statutory service. | dcportal.pubcourts.mt.gov, described at courts.mt.gov/Courts/portals |
When to hire an attorney
Montana does not require a personal representative to hire a lawyer, and the Montana Supreme Court runs a free Court Help Program and publishes probate forms for people representing themselves. In Flathead County, counsel often makes sense when the estate involves real property, a contested formal probate with notice, unclear heirs, creditor disputes, a rejected filing under the 11th Judicial District standing order, or a remote-appearance request under the local rules. The clerk of district court and Self-Help Law Center can provide procedural information, but they cannot give legal advice or tell you how the law applies to your facts. 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 families identify accounts, balances and debts before choosing a Flathead County estate settlement path.
Generate the probate packet. Sunset helps organize the information needed for the Montana probate forms and the local Flathead County filing steps, so the packet is ready for the clerk of district court in Kalispell or for attorney review.
Find a local probate attorney. When a Flathead County estate involves real property, a contested petition, creditor issues or a rejected filing, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, while deciding whether to file themselves, use the Court Help Program or work with counsel.
Frequently asked questions
Where do I file probate in Flathead County, Montana?
File with the clerk of district court in Suite 300 of the Flathead County Justice Center at 920 South Main, Kalispell, MT 59901, or mail the papers to the same address. Probate is filed in the district court, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Is Flathead County its own judicial district?
Yes. Montana's 11th Judicial District covers Flathead County alone, under Mont. Code Ann. § 3-5-101. The district judges sit in the same building where the case is filed, and the local rules provide that the clerk of district court assigns new cases to departments and appends a department letter to the case number.
How much does it cost to open a probate in Flathead County?
The filing fee is $100.00 under the Montana Code Annotated 2025 and Flathead County's fee page updated June 29, 2026. It is made up 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).
Can I file probate online in Flathead 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, so a self-represented personal representative files on paper with the clerk of district court. Attorneys may file electronically where the court and case type are enabled, and the Judicial Branch court policy lists Flathead County District Court as enabled for Probate (DP).
Can I send probate papers to the clerk in Kalispell by facsimile or electronic mail?
The clerk of district court in Flathead County publishes that court documents cannot be submitted by facsimile or electronic mail, apart from proposed findings of fact, conclusions of law and orders, under a local district court order dated June 18, 2013. Bring or mail filings to 920 South Main, Suite 300, Kalispell, MT 59901, and use [email protected] for questions.
Are there Flathead County probate forms, or just Montana forms?
Both. The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife, including the packet with the Application for Informal Probate, Statement of Informal Probate and Letters of Authority. Flathead County publishes two local probate forms, a Probate Creditor's Claim and a Probate Demand for Notice. A Montana clerk can give forms and check for signatures, notarization, the correct county name and the case number, but cannot fill them out for you except for a person with a disability.
How long after a death can probate be opened in Flathead County?
The clerk of district court cannot issue the statement of informal probate or make an informal appointment until at least 120 hours have elapsed since death, and the clerk waits 30 days instead for a nonresident decedent unless the statutory exception applies (Mont. Code Ann. § 72-3-215, § 72-3-225). A separate outer limit applies to starting probate proceedings more than 3 years after death, subject to statutory exceptions (Mont. Code Ann. § 72-3-122).
Will there be a hearing in a Flathead County probate?
Informal probate is handled by the clerk of district court on the papers when the statutory requirements are met. Formal probate proceeds before the district judge with notice, and Montana provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307). Under the 11th Judicial District local rules, each department's daily calendar of hearings is posted on the clerk of district court's website, and in a case where both parties are self-represented a hearing may not be set until the Self-Help Law Center has reviewed the filings for completeness, consistency and readiness for hearing.
Can I appear by video or telephone in a Flathead County probate hearing?
That is decided by the district judge under the 11th Judicial District local rules and standing orders. 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)). The clerk of court publishes a Zoom Hearings page and remote-appearance orders, and one order requires a motion and proposed order by noon on the business day immediately before the hearing or trial. Follow your notice or order and ask the clerk what the district requires.
How do I look up a probate case in Flathead County?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov. Flathead County District Court converted to FullCourt Enterprise in February 2018. A Flathead County probate case number begins with the probate case-type code DP, followed by this court's number, 15, the four-digit year and the case's own number. The clerk also searches public court matters, including probate, at $2.00 per name per year for the first seven years and $1.00 per name per year after that under the Flathead County schedule updated June 29, 2026 and Mont. Code Ann. § 25-1-201.
What are the clerk of district court's hours in Kalispell?
The county publishes 8:00 am to 5:00 pm, Monday through Friday, Mountain Time, for the clerk of court. It also publishes holiday closures for the year. Call (406) 758-5870 before making the trip.
Do I have to travel to Kalispell to settle a Flathead County estate?
Not necessarily. Venue follows the decedent's domicile under Mont. Code Ann. § 72-3-112, so a Flathead County estate is filed in Kalispell, but a self-represented filer can mail paper filings to the clerk of district court at 920 South Main, Suite 300, Kalispell, MT 59901. Whether any hearing requires someone to be physically present is decided by the assigned department under the 11th Judicial District local rules.
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.