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Jefferson County, MT Probate Information
Quick facts
| Item | Jefferson County detail |
|---|---|
| Court | The Jefferson County District Court, the Montana 5th Judicial District Court sitting in Jefferson County |
| Courthouse address | Jefferson County Courthouse, 201 Centennial Avenue, Boulder, MT 59632 |
| Mailing address | PO Box H, Boulder, MT 59632 |
| Phone | (406) 225-4042, clerk of district court |
| Fax | (406) 225-4044 |
| [email protected] | |
| Hours | 8:00 a.m. to 5:00 p.m. Mountain Time. The county page does not state the days, so call before traveling. |
| Filing fee | $100.00, current under the 2025 Montana Code Annotated, to commence formal, informal or ancillary probate. It combines $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. |
| Local forms | No Jefferson 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/Courts/EFile/. Attorneys may e-file in Jefferson County District Court for Probate DP matters under the current courts.mt.gov e-filing policy. |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov/Courts/portals. Jefferson County District Court converted to FullCourt Enterprise in March 2021. |
| Remote appearance | Remote appearance is decided under the 5th Judicial District local rules. Rule 14 allows Zoom with advance notice to the opposing party and clerk, and Jefferson County asks for notice at [email protected]. |
| Website | courts.mt.gov/CourtLocator/5thJudicialDistrict and jeffersoncounty-mt.gov/district-court/ |
Before you begin — know the assets and liabilities
Before you choose a Jefferson County filing path, inventory the assets, debts, beneficiaries and title documents. The right estate settlement step depends on whether the asset passes outside court, whether anyone needs Letters of Authority and whether the decedent was domiciled in Jefferson County under Mont. Code Ann. § 72-3-112.
Sunset's asset discovery searches more than 2,300 institutions so families can find accounts before they file in Boulder. That helps you decide whether a paper filing with the clerk of district court, an attorney filing, or an out-of-court transfer is the practical next step.
Which court handles jurisdiction
Probate for Jefferson County is filed with the clerk of district court at the Jefferson County Courthouse, 201 Centennial Avenue, Boulder, MT 59632. Mail goes to PO Box H, Boulder, MT 59632. The Jefferson County filing counter serves Jefferson County estates, including matters connected to Boulder and Whitehall, which are also the communities named on the Judicial Branch page for Jefferson County's courts of limited jurisdiction.
Montana has no county-level tribunal for probate and no separate court dedicated to probate: the District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Justice Court and City Court listed for Jefferson County and the Whitehall City Court, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Jefferson County is one of three counties in Montana's 5th Judicial District, with Beaverhead and Madison, and judicial districts are defined by Mont. Code Ann. § 3-5-101. The district groups judges and local rules, not filing counters. A Jefferson County estate is filed in Boulder, and the 5th Judicial District local rules place Wednesday as the day for Jefferson County matters.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, any county where the decedent owned property (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Identify the assets, debts, will, beneficiaries and title documents before filing. If you are using informal probate, prepare an application for the clerk. If you need formal probate, prepare a petition with notice for the district judge (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. Jefferson County does not publish its own probate form or cover sheet, and the clerk of district court cannot give legal advice or prepare legal documents.
- File the application or petition with the clerk of district court at 201 Centennial Avenue in Boulder, or mail it to PO Box H, Boulder, MT 59632. Self-represented filing is on paper because e-filing is not available to self-represented litigants at this time under courts.mt.gov/Courts/EFile/. Attorneys may e-file Jefferson County Probate DP matters under the courts.mt.gov e-filing policy.
- Pay the $100.00 commencement amount, current under the 2025 Montana Code Annotated. The amount includes $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 user surcharge under Mont. Code Ann. § 3-1-317.
- For an informal proceeding, the clerk of district court makes the findings required by statute, may deny an application that does not meet them, and issues the 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 files any required bond and a statement of acceptance (Mont. Code Ann. § 72-3-512).
- Set and confirm any hearing date with the clerk. The 5th Judicial District local rules place Wednesday as the day for Jefferson County matters, and Rule 6 says a personal appearance by a party may not be required for probate of an estate when proper documentation has been filed and there is no objection from an interested party. Montana also provides a route for uncontested formal matters (Mont. Code Ann. § 72-3-307).
- If a remote appearance is requested, follow the 5th Judicial District local rules. Rule 14 allows Zoom with advance notice to the opposing party and clerk, while contested hearings require in-person appearance unless the court gives prior permission. Mont. R. Civ. P. 43(a) allows testimony by contemporaneous transmission only for good cause in compelling circumstances and with safeguards.
- After appointment, administer the estate. The personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors have 4 months after first publication to present claims (Mont. Code Ann. § 72-3-801). Prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), distribute property, and close the estate. Under the 5th Judicial District local rules, the clerk sends advance notice before the district's two-year estate-closing deadline and the court may require a show-cause appearance if the estate remains open without good cause.
Forms and documents
Probate forms in Jefferson County
Jefferson County does not publish a county-specific probate form or cover sheet. The Jefferson County District Court page points readers to the Montana Law Library for forms and states that the clerk of district court cannot give legal advice or prepare legal documents.
Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. The statewide probate materials include the How to Administer a Small Estate Packet, the Affidavit for Collection of Personal Property Packet, the Affidavit of Death and the Fiduciary Statement. The Affidavit for Collection of Personal Property is tied to Mont. Code Ann. § 72-3-1101, including the $100,000 probate estate ceiling raised by Ch. 453, L. 2023.
The authority document issued in the statewide packet is called Letters of Authority on courts.mt.gov. For an informal proceeding, the clerk issues the statement of informal probate under Mont. Code Ann. § 72-3-215 and the Letters after the statutory requirements are met.
Local nuance
Jefferson County-specific considerations
| Local point | What it means |
|---|---|
| The district judge sits in Boulder on Wednesdays | Jefferson County is in Montana's 5th Judicial District, defined by Mont. Code Ann. § 3-5-101. The 5th Judicial District local rules place Wednesday as the day for Jefferson County matters, so a Jefferson County filing is not automatically sent to another county for a routine court setting. |
| No personal appearance may be needed when no one objects | Rule 6 of the 5th Judicial District local rules says a personal appearance by a party may not be required for probate of an estate when proper documentation has been filed and no interested party objects. For uncontested formal matters, also note Mont. Code Ann. § 72-3-307. |
| The district has a two-year estate-closing practice | Rule 9 of the 5th Judicial District local rules has the clerk send advance notice before a two-year estate-closing deadline. If the estate is still open and good cause has not been shown, the court may order the personal representative and attorney to appear and explain why the estate has not been closed. |
| Zoom requires advance notice | Remote appearance is governed by the 5th Judicial District local rules. Rule 14 allows Zoom with advance notice to the opposing party and clerk, and Jefferson County asks anyone planning to attend a hearing by Zoom to email [email protected] for current instructions. |
Recent updates
| Change or date | Jefferson County impact |
|---|---|
| March 2021 | Jefferson County District Court converted to FullCourt Enterprise, the courts.mt.gov case management system connected to the District Court Public Access Portal described at courts.mt.gov/Courts/portals. |
| October 31, 2022 | The 5th Judicial District local rules became effective, including the Wednesday schedule for Jefferson County matters, the probate no-appearance rule, the estate-closing notice rule and the Zoom appearance rule. |
| July 30, 2026 | The courts.mt.gov e-filing court policy lists Probate DP among enabled case types for the district courts named there, and Jefferson County's own page states that attorney e-filing is live for the court. |
Scenarios
| Situation | Likely Jefferson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed and account titles. A survivorship deed or beneficiary designation may move property outside a court filing. If only personal property remains and the probate estate is within the $100,000 ceiling raised by Ch. 453, L. 2023, the Affidavit for Collection of Personal Property may be presented under Mont. Code Ann. § 72-3-1101 after the statutory wait. If the home must pass through the estate, file in Boulder with the clerk of district court. | Sunset helps find accounts, organize title information and generate an estate settlement checklist before anyone files in Boulder. |
| Out-of-state adult child with small estate | If the probate estate fits Mont. Code Ann. § 72-3-1101 and 30 days have elapsed, the collection affidavit goes to the holder of the property, not the court. If Letters of Authority are needed, mail the application to PO Box H, Boulder, MT 59632. Rule 6 of the 5th Judicial District local rules may avoid a personal appearance when documentation is proper and no interested person objects. | Sunset can identify institutions, prepare the packet and help decide whether a trip to Boulder is likely to be needed. |
| Parent settling predeceased child's estate, home must be sold | Montana has no real-property affidavit under Mont. Code Ann. § 72-3-1101. Open the estate with the clerk of district court in Boulder so the personal representative can receive Letters of Authority from courts.mt.gov forms and handle the sale. Notice to creditors is published once a week for 3 successive weeks, and creditors have 4 months after first publication under Mont. Code Ann. § 72-3-801. | Sunset assembles the asset picture, creates filing materials and connects the family with a Jefferson County probate attorney when a sale or formal proceeding makes counsel practical. |
Self-help resources
Jefferson County does not have a staffed Self-Help Law Center at the Boulder courthouse. Use the statewide Court Help Program, the Montana Judicial Branch forms page and the Jefferson County clerk of district court for filing logistics. The Court Help Program cannot give legal advice or represent you in court.
| Resource | How to use it |
|---|---|
| Clerk of district court in Jefferson County | 201 Centennial Avenue, Boulder, MT 59632. Mail to PO Box H, Boulder, MT 59632. Phone (406) 225-4042. Fax (406) 225-4044. Email [email protected]. Hours are listed as 8:00 a.m. to 5:00 p.m., with days not stated. The office cannot give legal advice or prepare legal documents under Mont. Code Ann. § 3-1-601 and § 7-4-2210. |
| Montana Judicial Branch probate forms | courts.mt.gov/Forms/endoflife. Use this page for Montana probate forms, including forms related to Mont. Code Ann. § 72-3-1101 and Letters of Authority. |
| Court Help Program | courts.mt.gov/SelfHelp/. Phone (406) 841-2975. Free statewide help for civil non-criminal problems. The program cannot give legal advice or represent you in court. |
| Montana District Court Public Access Portal | dcportal.pubcourts.mt.gov, described by courts.mt.gov/Courts/portals. Jefferson County District Court converted to FullCourt Enterprise in March 2021. |
| Montana Legal Services Association | mtlsa.org and mtlsa.org/apply-for-services/. Statewide civil legal aid intake. HelpLine 1-800-666-6899. The published HelpLine hours are Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. Do not assume estate administration will be accepted. |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association. |
| State Bar of Montana lawyer referral | The Montana Judicial Branch forms page lists the State Bar of Montana as a lawyer referral information service for people seeking an attorney. |
When to hire an attorney
Montana does not require a personal representative to hire a lawyer, and the Montana Supreme Court runs the Court Help Program at (406) 841-2975 while the Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife. Jefferson County's clerk of district court cannot give legal advice, prepare legal documents or provide legal forms, and there is no staffed Self-Help Law Center at the Boulder courthouse. Counsel makes sense when there is a contest, a business or agricultural interest, a house to sell, tax questions, missing heirs, or a formal probate proceeding before the district judge with notice. Families with limited income can check Montana Legal Services Association intake at 1-800-666-6899, but should not assume estate administration will be accepted. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help families find bank, investment, retirement, insurance and other accounts before a Jefferson County estate settlement filing.
Generate the probate packet. Sunset turns the family questionnaire into a practical filing packet using the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and the Jefferson County filing address in Boulder.
Find a local probate attorney. When a sale, dispute, formal probate notice issue or tax question makes legal help important, Sunset connects families with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets and understand next steps without paying Sunset for access.
Frequently asked questions
Where do I file probate in Jefferson County, Montana?
File with the clerk of district court at the Jefferson County Courthouse, 201 Centennial Avenue, Boulder, MT 59632, or mail filings to PO Box H, Boulder, MT 59632. Venue depends on the decedent's domicile or Montana property location under Mont. Code Ann. § 72-3-112.
Does the district judge sit in Boulder?
Yes. Jefferson County is in Montana's 5th Judicial District under Mont. Code Ann. § 3-5-101, and the 5th Judicial District local rules place Wednesday as the day for Jefferson County matters in Boulder. Set and confirm any hearing date with the clerk.
Do I have to appear in court for an uncontested Jefferson County probate?
Not always. Rule 6 of the 5th Judicial District local rules says a personal appearance by a party may not be required for probate of an estate when proper documentation has been filed and no interested party objects. Montana also recognizes uncontested formal matters in Mont. Code Ann. § 72-3-307.
What does it cost to open probate in Jefferson County?
The probate commencement amount is $100.00, current under the 2025 Montana Code Annotated. It combines $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 user surcharge under Mont. Code Ann. § 3-1-317.
What are the Jefferson County clerk's hours?
The Jefferson County District Court page lists hours as 8:00 a.m. to 5:00 p.m. Mountain Time, but it does not state the days. Call (406) 225-4042 before traveling to Boulder.
Can I e-file a Jefferson County probate?
E-filing is not available to self-represented litigants at this time, according to courts.mt.gov/Courts/EFile/. A self-represented personal representative files on paper with the clerk of district court. Attorneys may e-file Jefferson County Probate DP matters under the current courts.mt.gov e-filing policy.
Can I attend a Jefferson County probate hearing by Zoom?
Remote appearance is governed by the 5th Judicial District local rules. Rule 14 allows attorneys, parties and witnesses to appear by Zoom with prior notice to the opposing party and clerk, while contested hearings require in-person appearance unless the court gives prior permission. Jefferson County asks anyone planning to attend by Zoom to email [email protected].
Are there Jefferson County probate forms?
No Jefferson County-specific probate form or cover sheet is published. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and remember that the clerk cannot give legal advice or prepare legal documents.
Can I look up a Jefferson County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov/Courts/portals. Jefferson County District Court converted to FullCourt Enterprise in March 2021. If online information is not enough, the clerk can perform a record search for $2 per name per year for up to 7 years and $1 per name per additional year under Mont. Code Ann. § 25-1-201.
Does Montana have inheritance tax or estate tax for a Jefferson County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death, and the Department of Revenue no longer issues a certificate or consent to close probate, according to revenue.mt.gov. An estate may still owe federal tax or may need a Montana income tax return for the estate.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.