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Gallatin County, MT Probate Information
Quick facts
| Item | Gallatin County detail |
|---|---|
| Court | Gallatin County District Court, Montana 18th Judicial District Court |
| Filing office | Clerk of district court in Gallatin County |
| Courthouse address | Gallatin County Justice Center, 515 South 16th Avenue, Room 1041, Bozeman, MT 59715 |
| Mailing address | Mail and written requests go to the clerk of district court at 515 South 16th Avenue, Room 1041, Bozeman, MT 59715 |
| Phone | (406) 582-2165 |
| Records line | (406) 582-2170 |
| Fax | (406) 582-2176, office fax only |
| Hours | 8 a.m. to 5 p.m., Monday through Friday, closed on legal holidays, Mountain Time. Call before making the trip. |
| Filing fee | $100.00 under the 2025 Montana Code Annotated 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 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Confirm the current amount with the clerk of district court in Gallatin County before you file. |
| Local forms | Gallatin County publishes no probate templates of its own. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. The clerk keeps the Affidavit for Collection of Personal Property of the Decedent under Mont. Code Ann. § 72-3-1101 at the counter for a one-dollar price, and the county publishes no effective date for that counter price. |
| E-filing status | The Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. Attorneys admitted in Montana must use the state electronic filing system in the 18th Judicial District for probate cases, including DP cases, under the district order that made electronic filing mandatory starting March 17, 2023. |
| Case search | Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov. Gallatin County District Court converted to FullCourt Enterprise in June 2022, and the clerk publishes that users can search names and case numbers and view the Register of Action for cases from 2012 through present, with 24 hours allowed after processing. The Judicial Branch at courts.mt.gov describes the portal as a courtesy rather than a required statutory service. |
| Remote appearance | Decided by the district judge under local rules. In the 18th Judicial District, a request to appear by video must be made by motion, state whether it is opposed, be made at least 24 hours before the hearing absent emergency approval, and be arranged with the judicial assistant of the department hearing the matter. |
| Websites | courts.mt.gov/CourtLocator/18thJudicialDistrict and gallatinmt.gov/272/Clerk-of-District-Court |
Before you begin — know the assets and liabilities
Before you go to the clerk of district court in Bozeman, identify what the estate owns, what it owes, and which assets are in the decedent's sole name. In Gallatin County, the estate settlement path depends on those facts: whether anything needs to be opened, whether the affidavit route under Mont. Code Ann. § 72-3-1101 is enough, and how many certified copies of the Letters of Authority you will need.
Sunset's asset discovery searches more than 2,300 financial institutions, so a Gallatin County family can see accounts, balances, and liabilities before filling in a form or asking the clerk procedural questions the office cannot answer as legal advice.
Which court handles jurisdiction
Probate for Gallatin County is filed with the clerk of district court at the Gallatin County Justice Center in Bozeman. Gallatin County is the only county in Montana's 18th Judicial District, which is how district judges and the district court's local rules are assigned, so the four 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 Gallatin County Justice Court, Bozeman Municipal Court, Belgrade Municipal Court, and City Courts in Manhattan, Three Forks, and West Yellowstone, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue for the first informal or formal probate or appointment proceeding is the county where the decedent had their domicile at the time of death, or, if the decedent was not domiciled in Montana, any county where property of the decedent was located at the time of death (Mont. Code Ann. § 72-3-112). Gallatin County filings from Bozeman, Belgrade, Manhattan, Three Forks, and West Yellowstone all go to the same clerk of district court in Bozeman.
The jurisdiction process
- Work out what the estate holds and what it owes before you open anything. The route depends on the assets, the debts, and whether property is in the decedent's sole name.
- Get the statewide forms. 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. Gallatin County says the clerk of district court does not have probate templates.
- File the application for informal probate and appointment, or a petition if the matter is formal, with the clerk of district court in Room 1041 of the Gallatin County Justice Center at 515 South 16th Avenue in Bozeman. A self-represented filer uses paper by mail or hand delivery, or the clerk's published document mailbox, because courts.mt.gov states that e-filing is not available to self-represented litigants at this time. If using [email protected], each document should be a separate PDF named with the case number and document title, with the case number and case title in the subject line.
- Pay $100.00 under the 2025 Montana Code Annotated to commence the probate, made up of the $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). If the cost is beyond reach, Gallatin County publishes a Statement of Inability to Pay, available through the clerk of district court, and a district judge must approve it.
- The clerk allocates the case at random among the court's four departments. Probate cases carry the DP case-type prefix, the Judicial Branch lists Gallatin County District Court's court ID as 16, and the last letter of the case number identifies the department.
- In an informal proceeding, the clerk of district court makes the findings the statute requires, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after the required time has passed (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). The clerk cannot issue the statement of informal probate until at least 120 hours have elapsed since death, or 30 days if the decedent was not a Montana resident (Mont. Code Ann. § 72-3-215, § 72-3-225). A denial of informal probate does not prevent formal proceedings.
- 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 says the judge or the clerk of court signs the Statement of Informal Probate and the Letters of Authority at courts.mt.gov.
- Get certified copies of the Letters of Authority if banks, title companies, or out-of-state institutions need them. Under the 2025 Montana Code Annotated, Gallatin County publishes $2 for a certification with the court's seal and $6 for an authenticated or exemplified copy for an out-of-state institution (Mont. Code Ann. § 25-1-201).
- Publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in Gallatin County. Creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, valuing probate property at fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- If a hearing is needed, ask the assigned department for one. The 18th Judicial District local rules require a motion requesting a hearing to state the number of witnesses and the estimated time needed, and the court sets the time limit. An uncontested motion must say it is uncontested in both the caption and the motion and include a proposed order; otherwise it is treated as contested (Mont. Code Ann. § 72-3-307).
- Whether anyone may appear by video is for the district judge under the 18th Judicial District local rules. A request to appear by video must be made by motion, state whether it is opposed, be made at least 24 hours before the hearing absent emergency approval, and be arranged with the judicial assistant of the assigned department. Montana district courts may also permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Administer and close the estate, keep copies of everything filed, and confirm current fees, hours, document-submission details, and scheduling with the clerk of district court at (406) 582-2165 before relying on them for estate settlement.
Executor duties
- Use the right building. Estate filings go to the clerk of district court in Room 1041 of the Gallatin County Justice Center at 515 South 16th Avenue in Bozeman, or by mail or hand delivery to the same address. The Gallatin County Courthouse at 311 West Main Street is the clerk and recorder, the land-records office, and is not the District Court filing counter.
- Work with the assigned department. The case is allocated at random among four departments when it is opened, and the last letter of the case number shows which department has it. Put the case number exactly as the clerk issued it on every later document.
- Ask for a hearing the way the local rules require. A motion requesting a hearing must say how many witnesses there will be and how long the hearing is expected to take. An uncontested motion must say so in both the caption and the motion and come with a proposed order, or it is treated as contested (Mont. Code Ann. § 72-3-307).
- Plan for the video-appearance rule. In the 18th Judicial District, a request to appear by video must be made by motion, say whether it is opposed, be made at least 24 hours before the hearing absent emergency approval, and be arranged with the judicial assistant of the assigned department under local rules.
- Budget for certified authority documents. Under the 2025 Montana Code Annotated, Gallatin County publishes $2 for a certification with the court's seal, $6 for an authenticated or exemplified copy for an out-of-state institution, and copy charges of $1 per page for the first ten pages and $0.50 per page after that (Mont. Code Ann. § 25-1-201).
- If using the clerk's published document mailbox as a self-represented filer, send each document as a separate PDF named with the case number and document title, and put the case number and case title in the subject line.
Forms and documents
Probate forms in Gallatin County
The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife under the category for wills, trusts, estate planning, and probate. Gallatin County's own File a Probate page says the clerk of district court does not have probate templates and directs self-represented filers to the state forms.
| Form or packet | Where to get it | Gallatin County note |
|---|---|---|
| Statewide informal probate packet | Montana Judicial Branch at courts.mt.gov/Forms/endoflife | Includes the Application for Informal Probate, Statement of Informal Probate, Letters of Authority, Acceptance of Appointment, and related documents. The Letters of Authority title comes from the Judiciary's packet at courts.mt.gov. |
| Affidavit for Collection of Personal Property of Decedent | Montana Judicial Branch at courts.mt.gov/Forms/endoflife | This affidavit route is under Mont. Code Ann. § 72-3-1101. Gallatin County also keeps the form at the counter for a one-dollar price, and the county publishes no effective date for that counter price. |
| Statement of Inability to Pay | Gallatin County clerk of district court office or county website | Gallatin County says a district judge must approve it before fees are waived. The statewide court information appears at courts.mt.gov. |
| Will for safekeeping | Clerk of district court in the Gallatin County Justice Center | Gallatin County publishes that any person may have a will filed with the clerk of district court for safekeeping at no fee. A deposited will is released only to the named representative or the original person through a motion and order by a district judge, with proof of identity or a death certificate. |
A Montana clerk can give forms and instructions and can check a form for signatures, notarization, the correct county name, and the case number. The clerk cannot give legal advice, correct the forms for you, or fill them out for you except for persons with disabilities.
Fees
Gallatin County publishes its own clerk of district court charges in addition to the $100.00 probate commencement amount under the 2025 Montana Code Annotated (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). These are statutory charges, not a Gallatin County surcharge.
| Item | Amount | Why it matters |
|---|---|---|
| Probate commencement | $100.00 under the 2025 Montana Code Annotated | For filing formal, informal, or ancillary probate. The figure includes $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202, and a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. |
| Certification with seal | $2 under the 2025 Montana Code Annotated | Banks, title companies, and transfer agents often ask for certified Letters of Authority (Mont. Code Ann. § 25-1-201). |
| Copies | $1 per page for the first ten pages and $0.50 per page after that under the 2025 Montana Code Annotated | Applies when you need paper copies from the file (Mont. Code Ann. § 25-1-201). |
| Copy sent electronically | $0.25 per page under the 2025 Montana Code Annotated | Gallatin County's records page publishes this amount for records requests (Mont. Code Ann. § 25-1-201). |
| Record search | $2 per name per year for up to seven years, then $1 per name per additional year under the 2025 Montana Code Annotated | Use this if you ask the clerk to search court records instead of using the portal (Mont. Code Ann. § 25-1-201). |
| Authenticated or exemplified copy | $6 under the 2025 Montana Code Annotated | Useful when an out-of-state institution requires more than a certification (Mont. Code Ann. § 25-1-201). |
| Affidavit form at the counter | One-dollar counter price, with no effective date published by Gallatin County | The same Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101 is available from the Montana Judicial Branch at courts.mt.gov/Forms/endoflife. |
Gallatin County also publishes a Statement of Inability to Pay for people who cannot pay required fees for initiating or appearing in a District Court proceeding. A district judge must approve it before fees are waived, and the county links the form through its clerk of district court pages at gallatinmt.gov and courts.mt.gov resources.
Timeline
- When the case is opened, the clerk of district court allocates the probate at random among the court's four departments. The last letter of the case number identifies the department under the 18th Judicial District local rules (Mont. Code Ann. § 3-5-101).
- The clerk cannot issue the statement of informal probate or make an informal appointment until at least 120 hours have elapsed since death. If the decedent was not a Montana resident, the clerk waits 30 days instead for informal appointment (Mont. Code Ann. § 72-3-215, § 72-3-225).
- If a hearing is needed, the motion asking for one must state the number of witnesses and the estimated time required. The court assigns a time limit for hearings and trials under the 18th Judicial District local rules.
- If a motion is uncontested, the caption and the motion must say it is uncontested and the filer must include a proposed order. If not, the 18th Judicial District local rules treat it as contested (Mont. Code Ann. § 72-3-307).
- A video-appearance request must be made by motion at least 24 hours before the hearing unless the court gives emergency approval. The motion must say whether it is opposed, and the requesting party arranges the appearance with the judicial assistant of the department hearing the matter under local rules.
- After appointment, the personal representative publishes notice once a week for 3 successive weeks in a newspaper of general circulation in Gallatin County. Creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- The inventory is due within 9 months after appointment and must list probate property with fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- Gallatin County says records requests are processed in the order received and typically take 3 to 5 business days, with older records taking longer. That is a records-request turnaround, not a probate timetable.
- Confirm current scheduling, filing details, and fees with the clerk of district court in Gallatin County at (406) 582-2165 before relying on any date or local practice point.
Local nuance
Gallatin County-specific considerations
| Local point | What it means for a Gallatin County estate |
|---|---|
| Two buildings | The District Court and clerk of district court are in the Gallatin County Justice Center at 515 South 16th Avenue, Room 1041. The Gallatin County Courthouse at 311 West Main Street houses the clerk and recorder, the land-records and vital-records office, and is not where an estate filing goes. |
| Four departments | Gallatin County is the only county in Montana's 18th Judicial District (Mont. Code Ann. § 3-5-101). The District Court has four departments, all new matters are allocated among them at random, and the last letter of the case number identifies the assigned department under local rules. |
| Standing master | The 18th Judicial District has one standing master. The district's standing-master order at courts.mt.gov assigns family matters, orders of protection, name changes, and guardianship and conservatorship proceedings under Title 72, chapter 5, while leaving other proceedings to case-by-case referral by a district court judge. |
| Public administrator | Gallatin County publishes that the clerk of district court is a consolidated position with the public administrator and that the public administrator may be appointed as personal representative in probate cases when there is no one else or when an impartial person is needed. Montana gives every county a public administrator (Mont. Code Ann. § 7-4-2203). |
| Attorney electronic filing | Under the 18th Judicial District order issued January 30, 2023, electronic filing became mandatory on March 17, 2023 for Montana-admitted lawyers, court reporters, and case participants, and the county lists Probate (DP) among the case types for approved electronic filers. The statewide courts.mt.gov rule remains that e-filing is not available to self-represented litigants at this time. |
| Case lookup | The clerk publishes the Montana District Court Public Access Portal and says users can search names and case numbers and view the Register of Action for cases from 2012 through present, with 24 hours allowed after processing. Gallatin County District Court converted to FullCourt Enterprise in June 2022, according to courts.mt.gov. |
| Will safekeeping | Gallatin County publishes that any person may file a will with the clerk of district court for safekeeping at no fee. A deposited will is released only to the named representative or the original person through a motion and order by a district judge, with proof of identity or a death certificate. |
| Self-help in Bozeman | The Gallatin County Self-Help Law Center is in the Gallatin County Justice Center in Bozeman. It is a Montana Supreme Court service at courts.mt.gov, reachable at 406-582-2158 and [email protected], and it cannot give legal advice or represent you in court. |
Small-estate Alternatives
Gallatin County's local quirk is practical: the clerk of district court keeps the statewide Affidavit for Collection of Personal Property of the Decedent at the counter and publishes a one-dollar counter price, with no effective date published by the county. The same form is available through the Montana Judicial Branch at courts.mt.gov/Forms/endoflife.
The affidavit route is under Mont. Code Ann. § 72-3-1101. It is presented to the person or institution holding the property and is not a District Court filing, so it does not carry the $100.00 probate commencement amount under Mont. Code Ann. § 25-1-201.
Recent updates
| Change | Date |
|---|---|
| The Montana Eighteenth Judicial District Court Rules took effect. They divide the court into four departments, allocate matters among them at random with the department shown by the last letter of the case number, require a motion for any video appearance at least 24 hours before the hearing, and require a motion requesting a hearing to state the witnesses and the time needed. | Effective July 1, 2022 |
| Under the district's Order Implementing Electronic Filing System, use of the state electronic filing system became mandatory for Montana-admitted lawyers, court reporters, and case participants in the 18th Judicial District, with temporary waivers available from the clerk of court for compelling and extenuating circumstances. Probate (DP) is among the case types approved electronic filers must use it for. E-filing remains unavailable to self-represented litigants according to courts.mt.gov. | Issued January 30, 2023, mandatory starting March 17, 2023 |
| The 18th Judicial District's Fourth Amended Standing Order of Reference took effect, replacing the prior order. It assigns the district's one standing master family matters under Title 40, orders of protection, name changes, and guardianship and conservatorship proceedings under Title 72, chapter 5, while leaving other proceedings to case-by-case referral by a district court judge. | Effective June 22, 2023 |
| The Montana Judicial Branch electronic filing court policy lists Gallatin County District Court among the district courts enabled for electronic filing and lists probate among the enabled district court case types, while stating that electronic filing is not yet enabled for use by self-represented litigants at any court. | As of July 30, 2026 |
| Gallatin County District Court converted to the state's FullCourt Enterprise case management system, and the clerk publishes that the portal covers cases from 2012 through present with 24 hours allowed for updated information after processing. | June 2022 |
Scenarios
| Scenario | Likely Gallatin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the Bozeman home was co-owned in a way that avoids court, the court issue is usually whatever was in the decedent's sole name. If an estate must be opened, the application goes to the clerk of district court in Room 1041 of the Gallatin County Justice Center, the clerk allocates the case among four departments, and the clerk issues the statement of informal probate and Letters of Authority after the 120-hour rule is met (Mont. Code Ann. § 72-3-215). The $100.00 commencement amount and $2 certified-copy charge are published under the 2025 Montana Code Annotated (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). | Sunset finds accounts and balances across more than 2,300 institutions, so the spouse knows whether court authority is needed before starting estate settlement paperwork. |
| Out-of-state adult child with small estate | If the parent was domiciled in Gallatin County, venue is in Gallatin County even if the child lives elsewhere (Mont. Code Ann. § 72-3-112). A self-represented filer uses paper by mail or hand delivery to 515 South 16th Avenue, Room 1041, Bozeman, MT 59715, or the clerk's published document mailbox at [email protected], because e-filing is not available to self-represented litigants at this time according to courts.mt.gov. If the affidavit route under Mont. Code Ann. § 72-3-1101 fits, nothing is filed with the court because the affidavit is presented to the holder of the property. | Sunset assembles the asset picture remotely, so a family member in another state can decide whether to open probate in Bozeman or use the affidavit route under Mont. Code Ann. § 72-3-1101. |
| Parent settling predeceased child's estate, home must be sold | If a Bozeman house has to be sold through the estate, court authority is usually needed because Montana has no real-property affidavit route. The application goes to the clerk of district court in the Gallatin County Justice Center, the case is assigned to one of four departments, and any needed request goes to that department by motion. Certified copies of the Letters of Authority cost $2 under the 2025 Montana Code Annotated, and an out-of-state institution may ask for a $6 authenticated or exemplified copy (Mont. Code Ann. § 25-1-201). Land records are handled by the clerk and recorder at the Gallatin County Courthouse, a different office from the clerk of district court. | Sunset builds the asset and liability picture, including debts tied to the house, so the parent understands what the sale must clear before the estate settlement work moves forward. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Gallatin County Self-Help Law Center | A Montana Supreme Court Court Help Program location in the Gallatin County Justice Center in Bozeman. It cannot give legal advice or represent you in court. Call to ask what topics it can help with before making a trip. | 406-582-2158, [email protected], courts.mt.gov |
| Court Help Program | Statewide free program for civil, non-criminal legal problems. It provides legal information and resource direction, not legal advice or representation. | courts.mt.gov/SelfHelp/ |
| Clerk of district court in Gallatin County | Provides filing and records information, forms and instructions within clerk limits, and public case information. The office states that it cannot provide legal advice because staff are not practicing attorneys. | (406) 582-2165, records line (406) 582-2170, [email protected], [email protected] |
| Montana Judicial Branch probate forms | Statewide probate forms, including the informal probate packet and Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101. | courts.mt.gov/Forms/endoflife |
| Montana Legal Services Association | Statewide civil legal aid intake. Its site says reduced staffing has lengthened response times and limits returned HelpLine voicemails to listed categories. Do not rely on it as estate representation. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm, mtlsa.org |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association, including life and estate planning materials linked by the Judiciary. | montanalawhelp.org |
| Montana State Law Library | Statewide legal information resource and Self-Help Law Center in Helena. | 215 North Sanders, Helena, 406-444-9300, [email protected] |
| Montana District Court Public Access Portal | District Court case lookup through the portal described by the Judicial Branch as a courtesy rather than a required statutory service. Gallatin County probate cases use the DP prefix and Gallatin County District Court is in FullCourt Enterprise. | dcportal.pubcourts.mt.gov, courts.mt.gov |
| MSU Extension MontGuide Probate in Montana | Plain-language Montana guide linked by Gallatin County's File a Probate page. Use it for general reading, not as a statute, fee, or deadline source. | extension-store.montana.edu, linked from gallatinmt.gov/282/File-a-Probate |
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 Gallatin County, counsel often makes sense when the clerk's no-template warning matters, when a real estate sale is involved, when a motion or hearing is needed under the 18th Judicial District local rules, when the affidavit route under Mont. Code Ann. § 72-3-1101 may or may not fit, or when family members disagree. The Court Help Program cannot give legal advice or represent you in court, the clerk cannot choose your route, and Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions for accounts, balances, and liabilities, then organizes the information so a Gallatin County family can decide whether court authority is needed before starting estate settlement.
Generate the probate packet. Once the route is clear, Sunset helps assemble the information needed for the Montana forms, the Gallatin County filing address, the $100.00 filing amount under Mont. Code Ann. § 25-1-201, § 25-1-202, and § 3-1-317, and the local steps for the clerk of district court in Bozeman.
Find a local probate attorney. When the estate involves real estate, a contested issue, a hearing, an out-of-state institution, or uncertainty about the affidavit route under Mont. Code Ann. § 72-3-1101, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Sunset is paid by partners, not by grieving families. The goal is to make estate settlement easier, reduce missed assets, and help you move from discovery to the right Gallatin County next step.
Frequently asked questions
Where do I file probate in Gallatin County, Montana?
File with the clerk of district court in Room 1041 of the Gallatin County Justice Center at 515 South 16th Avenue, Bozeman, MT 59715, by mail or hand delivery to the same address. Probate is filed in the district court, which has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111). The Gallatin County Courthouse at 311 West Main Street is the clerk and recorder and is not the probate filing counter.
Is Gallatin County its own judicial district?
Yes. Montana's 18th Judicial District covers Gallatin County alone (Mont. Code Ann. § 3-5-101). The court has four departments, cases are allocated among them at random under local rules, and the last letter of the case number shows which department has yours.
How much does it cost to open a probate in Gallatin County?
The amount to commence a probate is $100.00 under the 2025 Montana Code Annotated: $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202, and a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. Gallatin County's clerk of district court pages also publish $100.00 for a formal or informal probate. If that amount is beyond reach, the office publishes a Statement of Inability to Pay, which a district judge must approve.
Can I file probate online in Gallatin County?
Not if you are filing without a lawyer. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. A self-represented personal representative uses paper by mail or hand delivery, or the clerk's published document mailbox at [email protected] with each document as a separate PDF named with the case number and document title. Attorneys admitted in Montana must use the state electronic filing system in the 18th Judicial District, and Probate (DP) is an enabled case type.
Does the clerk of district court in Gallatin County give me the probate forms?
Gallatin County says the clerk does not have probate templates and points filers to the Montana Judicial Branch forms at courts.mt.gov/Forms/endoflife. The statewide packet includes the Application for Informal Probate, Statement of Informal Probate, and Letters of Authority. The office also keeps the Affidavit for Collection of Personal Property of the Decedent under Mont. Code Ann. § 72-3-1101 at the counter for a one-dollar price, with no effective date published for that counter price.
How long after a death can probate be opened in Gallatin County?
The clerk of district court cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). For informal appointment when the decedent was not a Montana resident, the clerk waits 30 days instead (Mont. Code Ann. § 72-3-225).
Will there be a hearing in a Gallatin County probate?
Informal probate is handled by the clerk of district court on the papers when the statutory findings are met. Formal probate involves notice and the district judge, and Montana provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307). If a hearing is needed in the 18th Judicial District, the motion asking for it must state the number of witnesses and the estimated time needed, and the court sets the time limit under local rules.
Can I appear by video in a Gallatin County probate hearing?
Whether you can appear by video or telephone in a Gallatin County probate matter is decided by the district judge under the 18th Judicial District local rules. A request to appear by video must be made by motion, state whether it is opposed, be made at least 24 hours before the hearing absent emergency approval, and be arranged with the judicial assistant of the assigned department. Montana district courts may also permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How do I look up a probate case in Gallatin County?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, which Gallatin County's clerk of district court publishes on its own page. The office says users can search names and case numbers and view the Register of Action for cases from 2012 through present, with 24 hours allowed after processing. Gallatin County District Court converted to FullCourt Enterprise in June 2022, and probate cases carry the DP prefix. The clerk also performs a record search under the 2025 Montana Code Annotated at $2 per name per year for up to seven years and $1 per name per year after that (Mont. Code Ann. § 25-1-201).
What are the clerk of district court's hours in Bozeman?
The office publishes 8 a.m. to 5 p.m., Monday through Friday, closed on legal holidays. Call (406) 582-2165 before making the trip. Montana is entirely in Mountain Time.
Do I have to travel to Bozeman to settle a Gallatin County estate?
Not necessarily. Venue follows the decedent's domicile or, for a non-Montana decedent, property location (Mont. Code Ann. § 72-3-112), so a Gallatin County estate is filed in Bozeman even if family members live elsewhere. A self-represented filer can use mail, hand delivery, or the clerk's published document mailbox, and can call (406) 582-2165 for procedural questions. Any video appearance request is made by motion under local rules.
Can I leave my will with the clerk of district court in Gallatin County?
Yes. Gallatin County publishes that any person may file a will with the clerk of district court in the Gallatin County Justice Center for safekeeping at no fee. A deposited will is released only to the named representative or the original person through a motion and order by a district judge, with proof of identity or a death certificate.
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.