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Hill County, MT Probate Information
Quick facts
| Item | Hill County details |
|---|---|
| Court | The Hill County District Court, the Montana 12th Judicial District Court sitting in Hill County (Mont. Code Ann. § 3-5-101, § 3-5-302). |
| Courthouse address | 315 4th Street, Havre, MT 59501. |
| Mailing address | No separate mailing address is published for the clerk of district court. Use 315 4th Street, Havre, MT 59501, and call before mailing a fee-bearing filing. |
| Clerk phone | (406) 400-2414. |
| Fax | (406) 265-3693. |
| [email protected]. | |
| Hours | Hours are not published. Call (406) 400-2414 to confirm hours, payment logistics and any filing cutoff before you go. Hill County is on Mountain Time. |
| Filing fee | 2025 code amount: $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 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | No Hill County-specific probate form or cover sheet is published. Use the Montana Judicial Branch probate forms 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. A self-represented filer uses paper or Hill County's own fax and email practice after arranging payment for any new fee-bearing filing. Attorney electronic filing is enabled for Hill County District Court on probate case type DP under the Judicial Branch court policy as of July 30, 2026. |
| Case search | Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Hill County District Court converted to FullCourt Enterprise in October 2020. |
| Remote appearance | Remote appearance is decided by the district judge under the 12th Judicial District local rules. Rule 15 makes interactive video conferencing available in 12th Judicial District courtrooms for court-related purposes, with arrangements made in advance and cost borne by the requesting party. |
| Payment note | Hill County's clerk page states that the office does not accept personal checks or credit/debit cards and does not provide notary services. |
| Website | courts.mt.gov/CourtLocator/12thJudicialDistrict and hillcounty.us/departments/clerk_of_court.php. |
Before you begin — know the assets and liabilities
Before you file anything in Havre, list the assets, debts, titles and beneficiary designations. Montana venue depends on the decedent's domicile at death, or, for a person not domiciled in Montana, a Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112). Knowing what is actually in the probate estate helps you decide whether Hill County District Court is needed at all.
Sunset's estate settlement process includes asset discovery across 2,300 institutions, so families can find accounts before paying the filing fee under Mont. Code Ann. § 25-1-201. The Hill County clerk can give forms and general procedural information, but the office cannot give legal advice or prepare legal documents.
Which court handles jurisdiction
Probate for Hill County is filed with the clerk of district court at the Hill County Courthouse in Havre, 315 4th Street, Havre, MT 59501. The Hill County District Court is the local District Court for estates filed in Hill County.
Montana does not use a county-level estate court or a separate estate-only court. 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 in Havre, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Hill County is one of three counties in Montana's 12th Judicial District, along with Chouteau and Liberty Counties (Mont. Code Ann. § 3-5-101). The judicial district assigns the district judge and local rules, but it does not move Hill County estate filings to another county. Unlike many multi-county districts, the 12th Judicial District judge is chambered in Havre, in the same county courthouse where Hill County filings are made.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, in any Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Identify the assets, debts, title documents and beneficiary designations before starting the estate settlement. If the matter belongs in Hill County under the domicile or property venue rule, prepare to file in Havre (Mont. Code Ann. § 72-3-112).
- Choose the correct Montana filing path. Informal probate uses an application handled by the clerk; formal probate uses a petition with notice before the district judge (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Use the statewide Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, because Hill County does not publish a county-specific probate packet. The statewide packet includes the statement of informal probate and Letters of Authority, and the forms page is also where families find the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101.
- File with the clerk of district court at 315 4th Street, Havre, MT 59501, or call (406) 400-2414 before mailing or sending a fee-bearing filing. Hill County's clerk page says faxed or emailed documents may be accepted, but a new filing that requires payment needs payment arranged first.
- Pay the 2025 code filing fee of $100.00 to commence the probate, made up of the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). The Hill County clerk page states that the office does not accept personal checks or credit/debit cards.
- If filing a petition for formal probate of a will with notice, attach a copy of the will unless the original is already on file with the clerk, as required by Rule 7 of the 12th Judicial District local rules (Mont. Code Ann. § 72-3-301).
- For an informal proceeding, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Before receiving letters, the personal representative qualifies by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512).
- If a hearing or law and motion setting is needed, ask the clerk which day applies. The 12th Judicial District local rules set Hill County law and motion days as Monday for criminal matters and Wednesday for civil matters, except holidays and at the court's discretion, but the rule does not state a probate-specific day.
- Ask early if a remote appearance is needed. The 12th Judicial District local rules allow the court to conduct civil-action proceedings by videoconference in equipped courtrooms, while Montana Rule of Civil Procedure 43(a) allows testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
- After appointment, publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, giving creditors 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- Administer the estate, prepare the inventory within 9 months after appointment, distribute property when legally ready and close the estate settlement using the Montana procedure that fits the case (Mont. Code Ann. § 72-3-607).
Forms and documents
Probate forms in Hill County
Hill County does not publish a county-specific probate form or cover sheet. The clerk's page sends self-represented users to statewide resources, and the Montana Judicial Branch probate forms are posted at courts.mt.gov/Forms/endoflife.
| Form or packet | How it is used in Hill County |
|---|---|
| How to Administer a Small Estate Packet | Use this statewide court packet for informal estate filings when it fits the case. It includes an application for informal probate, the statement of informal probate, Letters of Authority, an acceptance of appointment and related notices. Use it with courts.mt.gov/Forms/endoflife and read it alongside Mont. Code Ann. § 72-3-1101 when the personal-property affidavit option is being considered. |
| Affidavit for Collection of Personal Property of Decedent | This statewide form is presented to the person or institution holding personal property when the requirements of Mont. Code Ann. § 72-3-1101 are met. It is not a filing in a Hill County District Court case. |
| Affidavit of Death | A statewide probate form available from courts.mt.gov/Forms/endoflife. |
| Fiduciary Statement | A statewide probate form available from courts.mt.gov/Forms/endoflife. |
| Will copy for formal filing | Under Rule 7 of the 12th Judicial District local rules, whenever a petition for probate of a will is filed, a copy of the will must be attached unless the original is already on file with the clerk. |
Local nuance
Hill County-specific considerations
| Local point | What it means for a Hill County estate |
|---|---|
| The district judge sits in Havre | Hill County is in a three-county judicial district under Mont. Code Ann. § 3-5-101, but the 12th Judicial District judge is chambered at the Havre courthouse. A Hill County estate is filed, heard and kept in Havre. |
| Published law and motion cadence | The 12th Judicial District local rules set Hill County law and motion days as Monday for criminal matters and Wednesday for civil matters, except holidays and at the court's discretion. Ask the clerk which day a probate matter will be set on. |
| Local probate rule | Rule 7 of the 12th Judicial District local rules says the amount and payment of personal representative, conservator, guardian and attorney fees are governed by the Montana Uniform Probate Code, and it requires a copy of the will with a petition for probate of a will unless the original is already on file with the clerk. |
| Fax and email practice | Hill County's clerk page states that the office will accept documents by fax or email, except that a new fee-bearing filing needs payment arranged first. This is separate from courts.mt.gov e-filing, which is not available to self-represented litigants. |
| No card payments, no notary | The Hill County clerk page states that the office does not accept personal checks or credit/debit cards and does not provide notary services. |
| Video conferencing | Rule 15 of the 12th Judicial District local rules makes interactive video conferencing available in district courtrooms for court-related purposes. The court may conduct civil-action proceedings by videoconference on its own motion or a party's motion, with advance arrangements and cost borne by the requesting party. |
Recent updates
| Date | Hill County update |
|---|---|
| October 2020 | Hill County District Court converted to the state's FullCourt Enterprise case management system, the system connected to the Montana District Court Public Access Portal published through courts.mt.gov. |
| October 2020 | The 12th Judicial District local rules were amended. Those rules include Hill County's law and motion cadence, Rule 7 on probate matters and Rule 15 on video conferencing. |
Scenarios
| Scenario | Likely Hill County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. A survivorship deed or beneficiary designation may move property outside a Hill County filing. If only personal property remains and the requirements of Mont. Code Ann. § 72-3-1101 are met, the Affidavit for Collection of Personal Property is presented to the holder. If the home must pass through the estate, file with the clerk of district court in Havre and pay the 2025 code $100.00 filing fee under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. | Sunset identifies accounts, reviews title clues and organizes the estate settlement path before the family pays the court fee. |
| Out-of-state adult child with a small estate | If the probate estate is within the $100,000 limit and 30 days have elapsed, the personal property affidavit route under Mont. Code Ann. § 72-3-1101 may avoid a trip to Havre. If Letters are needed, call the Hill County clerk at (406) 400-2414 about mailing, faxing or emailing documents and arranging payment before sending a new fee-bearing filing. | Sunset helps gather asset details, prepare the packet and coordinate with a local attorney if the informal application or payment logistics become difficult. |
| Parent settling a predeceased child's estate, home must be sold | No affidavit transfers Montana real property through Mont. Code Ann. § 72-3-1101. Open the estate with the clerk of district court in Havre so the personal representative can receive Letters of Authority from the courts.mt.gov form packet and complete the sale. If a formal probate petition with notice is needed, Rule 7 of the 12th Judicial District local rules requires a copy of the will unless the original is already on file with the clerk. | Sunset builds the asset list, prepares the filing packet and connects the family with a vetted Montana probate attorney for the sale and any contested issues. |
Self-help resources
Hill County does not have a staffed Self-Help Law Center at the courthouse. The Montana Supreme Court's Court Help Program lists a rural self-help location at the Hill County Library in Havre by appointment, and the statewide program cannot give legal advice or represent you in court.
| Resource | How to use it |
|---|---|
| Clerk of district court in Hill County | 315 4th Street, Havre, MT 59501. Phone (406) 400-2414. Fax (406) 265-3693. Email [email protected]. The office files probate and estate records, can provide forms and general procedural information, and cannot give legal advice or prepare legal documents. |
| Hill County Library rural self-help location | The Court Help Program at courts.mt.gov/SelfHelp lists a rural self-help location at the Hill County Library in Havre by appointment. |
| Montana Judicial Branch probate forms | Use courts.mt.gov/Forms/endoflife for statewide probate forms, including the informal probate packet, the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the Affidavit of Death and the Fiduciary Statement. |
| Court Help Program | courts.mt.gov/SelfHelp, phone (406) 841-2975. The program is free and statewide for civil, non-criminal problems, but it cannot give legal advice or represent you in court. |
| Montana District Court Public Access Portal | dcportal.pubcourts.mt.gov, published through courts.mt.gov/Courts/portals. Hill County District Court converted to FullCourt Enterprise in October 2020. The Judicial Branch describes the portal as a courtesy rather than a required statutory service. |
| Montana Legal Services Association | mtlsa.org and mtlsa.org/apply-for-services. The statewide civil legal aid provider. HelpLine 1-800-666-6899, with current HelpLine hours Tuesday through Thursday, 9:00 am to 1:00 pm. Do not assume it will take an estate matter. |
| State Bar of Montana lawyer referral | The Judicial Branch lists the State Bar of Montana as a lawyer referral information service for finding an attorney to advise on an estate. |
| MontanaLawHelp.org | MontanaLawHelp.org is Montana Legal Services Association's public self-help library. |
When to hire an attorney
Montana does not require every personal representative to hire a lawyer, and the Montana Judicial Branch publishes forms at courts.mt.gov/Forms/endoflife while the Court Help Program offers civil self-help information. The same program cannot give legal advice or represent you, and Hill County's clerk page says the office cannot give legal advice or prepare legal documents. Counsel makes sense when there is a contest, a farm, business or home sale, a formal probate petition with notice, difficult creditor issues under Mont. Code Ann. § 72-3-801, or uncertainty about tax filings with revenue.mt.gov. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions and helps the family build a working inventory before deciding whether a Hill County District Court filing is needed. That makes estate settlement easier to scope before the filing fee under Mont. Code Ann. § 25-1-201 is paid.
Generate the probate packet. Sunset turns the asset and family information into an organized Montana probate packet using the statewide forms at courts.mt.gov/Forms/endoflife and Hill County filing details, including the Havre address, local fax and email practice, and the $100.00 2025 code filing fee under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
Find a local probate attorney. When a sale, dispute, creditor issue or formal probate with notice needs legal judgment, Sunset helps connect the family to a Montana attorney who can advise on the Hill County District Court process.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next filing step and decide whether they need a lawyer, without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Hill County, Montana?
File with the clerk of district court at the Hill County Courthouse, 315 4th Street, Havre, MT 59501. The Hill County District Court has probate jurisdiction because Montana District Courts handle all civil and probate matters, and District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111).
Does the district judge for Hill County sit in Havre?
Yes. Hill County is in Montana's 12th Judicial District with Chouteau and Liberty Counties (Mont. Code Ann. § 3-5-101), but the district judge is chambered in Havre at the same courthouse where the Hill County clerk of district court receives estate filings.
How much does it cost to start probate in Hill County?
The 2025 code filing fee is $100.00 to commence a probate, formal or informal or ancillary. It includes 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). Call the clerk about payment because the Hill County office states that it does not accept personal checks or credit/debit cards.
Are Hill County clerk hours posted online?
No office hours are published for the Hill County clerk of district court. Call (406) 400-2414 before traveling to confirm hours, payment logistics and any filing cutoff.
Can I fax or email probate documents to the Hill County clerk?
Hill County's clerk page says faxed or emailed documents may be accepted, except that documents starting a new case with required fees need payment arranged first. Use (406) 265-3693 for fax and [email protected] for the office email, and call before sending a new estate filing.
Can I e-file a Hill County probate case myself?
No. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. Attorneys may use electronic filing where the court and case type are enabled, and Hill County District Court is listed as enabled for probate case type DP under the Judicial Branch court policy as of July 30, 2026.
Will there be a hearing in a Hill County estate?
Many informal probate matters are handled by the clerk of district court without a hearing, because the clerk issues the statement of informal probate and Letters after the statutory findings are made and at least 120 hours have elapsed (Mont. Code Ann. § 72-3-215, § 72-3-225). Formal probate uses a petition with notice, and if a setting is needed the 12th Judicial District local rules set Hill County law and motion days as Monday for criminal matters and Wednesday for civil matters. Ask the clerk which day a probate matter would be set on.
Can I appear remotely in a Hill County probate matter?
Remote appearance is decided by the district judge under the 12th Judicial District local rules. Rule 15 makes interactive video conferencing available in the district's courtrooms and allows the court to conduct civil-action proceedings by videoconference on its own motion or a party's motion. Montana Rule of Civil Procedure 43(a) also allows testimony by contemporaneous transmission for good cause in compelling circumstances with safeguards.
Does Hill County have its own probate forms?
No Hill County-specific probate packet is published. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. If you are using the Affidavit for Collection of Personal Property, read the form with Mont. Code Ann. § 72-3-1101 and remember that it is presented to the holder of personal property, not filed as a District Court case in Hill County.
Do I have to travel to Havre for a small estate?
Not always. If the probate estate is within $100,000, 30 days have elapsed and the other requirements of Mont. Code Ann. § 72-3-1101 are met, the Affidavit for Collection of Personal Property can be presented to the holder of the property without probate. If Letters of Authority from courts.mt.gov forms are needed, call the Hill County clerk about mailing, faxing or emailing documents and arranging the 2025 code filing fee under Mont. Code Ann. § 25-1-201.
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.