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Liberty County, MT Probate Information
Quick facts
| Item | Liberty County details |
|---|---|
| Court | The Liberty County District Court, Montana 12th Judicial District Court sitting in Liberty County (Mont. Code Ann. § 3-5-101, § 3-5-302). |
| Courthouse address | Liberty County Courthouse, 111 1st Street East, Chester, MT 59522. |
| Mailing address | PO Box 549, Chester, MT 59522. |
| Phone | (406) 759-5615. |
| Fax | (406) 759-5996. |
| [email protected], the filing address published for the Chester court in the 12th Judicial District local rules. | |
| Hours | The clerk's public counter hours are not posted. Call (406) 759-5615 before traveling to confirm hours, payment method and any filing cutoff. Liberty County is on Mountain Time. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, under the 2025 Montana Code. The amount is the sum of the $70 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 | Liberty County has not posted a county-specific probate form or cover sheet. 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. Attorneys may e-file in Liberty County District Court for Probate (DP) case types because Liberty County District Court is enabled under the Judicial Branch court policy dated July 30, 2026. |
| Case search | Liberty County District Court converted to FullCourt Enterprise in February 2021. Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. The portal is a courtesy, and the clerk can also perform a record search for $2 per name per year for up to 7 years, then $1 per name for each additional year (Mont. Code Ann. § 25-1-201). |
| Remote appearance | The 12th Judicial District local rules allow the court, on its own motion or a party's motion, to conduct civil proceedings by videoconference when the rule's requirements are met. There is no automatic right to appear remotely. |
| Website | courts.mt.gov/CourtLocator/12thJudicialDistrict and libertycountymt.gov/clerk-of-court. |
Before you begin — know the assets and liabilities
Before you file in Chester, identify the assets, debts, beneficiary designations, joint ownership and any Montana real property. The venue rule turns on the decedent's domicile at death, or, for a non-Montana decedent, a Montana county where the decedent owned property (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement workflow helps families find accounts across more than 2,300 financial institutions, organize liabilities and decide whether the Liberty County filing should be an informal application to the clerk, a formal petition with notice, or a non-court collection route under Mont. Code Ann. § 72-3-1101.
Which court handles jurisdiction
Probate for Liberty County is filed with the clerk of district court at the Liberty County Courthouse in Chester, 111 1st Street East, Chester, MT 59522, with mail to PO Box 549, Chester, MT 59522. Liberty County is one of three counties in Montana's 12th Judicial District, with Chouteau and Hill Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Havre, in Hill County, but a Liberty County estate case is filed and kept in Chester.
Montana does not use a county-level court for estates and does not have a stand-alone court for 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). The Justice Court and City Court that sit in Liberty County are courts of limited jurisdiction and have no probate power (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue for the first informal or formal 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's property was located (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Choose the correct opening path. An informal probate application goes to the clerk of district court, and a formal probate petition goes to the district judge with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301). If only personal property is being collected and the probate estate fits the $100,000 ceiling current in the 2025 Montana Code and raised by Ch. 453, L. 2023, the Affidavit for Collection of Personal Property may apply after the statutory wait (Mont. Code Ann. § 72-3-1101).
- Prepare the Montana Judicial Branch forms. The statewide packet includes the Application for Informal Probate, Statement of Informal Probate, Letters of Authority, Acceptance of Appointment and related papers, available through courts.mt.gov/Forms/endoflife. Under 12th Judicial District local rules, attach a copy of the will to a petition for probate unless the original is already on file.
- File with the clerk of district court in Chester. A self-represented filer should plan on paper filing at the Liberty County Courthouse or following the clerk's instructions under the 12th Judicial District local rules if e-filing is not used. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov.
- Pay the filing fee. The probate commencement fee is $100.00 under the 2025 Montana Code, made up of $70, $20 and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Confirm the current payment method with the clerk before you travel.
- Wait for the clerk's informal review or proceed on the formal track. In an informal proceeding the clerk makes the required findings, may deny an application that does not meet them, and issues the written statement of informal probate and Letters when the requirements are met and at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Handle notice. Formal probate proceeds with notice to interested persons (Mont. Code Ann. § 72-3-301). After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditors have 4 months after the first publication to present claims (Mont. Code Ann. § 72-3-801).
- Use the Liberty County hearing calendar only when a hearing is needed. The 12th Judicial District local rules set Liberty County law and motion in Chester for the third Wednesday of each month, except holidays and at the court's discretion. Do not assume a time, a hearing wait, or that every estate requires a hearing.
- Ask early about video arrangements. Under the 12th Judicial District local rules, interactive video conferencing is available in district courtrooms and the court may conduct a civil proceeding by videoconference on its own motion or a party's motion. Arrangements must be made in advance through the Judicial Assistant, and the requesting party bears the cost. Montana Rule of Civil Procedure 43(a) separately allows testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Qualify and administer the estate. Before receiving letters, the personal representative files any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). After appointment, prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), manage claims and distributions, and close through the appropriate Montana procedure.
Forms and documents
Probate forms in Liberty County
Liberty County has not posted a county-specific probate form, local cover sheet or local probate packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then file with the clerk of district court in Chester.
| Form or packet | Where it is used |
|---|---|
| How to Administer a Small Estate Packet | Statewide packet for informal probate papers, including the application, Statement of Informal Probate, Letters of Authority and acceptance papers. The forms are available through courts.mt.gov/Forms/endoflife. |
| Affidavit for Collection of Personal Property of Decedent | Used by a claiming successor to collect qualifying personal property when the probate estate fits the $100,000 ceiling current in the 2025 Montana Code and raised by Ch. 453, L. 2023, and the other statutory conditions are met (Mont. Code Ann. § 72-3-1101). It is presented to the property holder, not opened as a court case in Liberty County. |
| Affidavit of Death and Fiduciary Statement | Statewide forms listed under the Montana Judicial Branch end-of-life forms page at courts.mt.gov/Forms/endoflife. |
Timeline
- Opening review: for informal probate, the clerk of district court cannot issue the written statement of informal probate or appoint the personal representative until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Hearing calendar: if a Liberty County estate matter needs a court setting, the 12th Judicial District local rules place Liberty County law and motion in Chester on the third Wednesday of each month, except holidays and at the court's discretion. No local rule gives a filing-to-hearing wait.
- Remote arrangements: under the 12th Judicial District local rules, any videoconference arrangement must be made in advance through the Judicial Assistant, and the requesting party bears the cost. Montana Rule of Civil Procedure 43(a) allows testimony by contemporaneous transmission only for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- After appointment: publish notice to creditors once a week for 3 successive weeks, with the 4 months claims period measured from the first publication (Mont. Code Ann. § 72-3-801), and prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607).
Local nuance
Liberty County-specific considerations
| Local point | What it means for a Liberty County filing |
|---|---|
| Judge chambered outside Liberty County | Liberty County is in Montana's 12th Judicial District with Chouteau and Hill Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Havre, in Hill County, but the Liberty County clerk in Chester is the filing office for a Liberty County estate. |
| Law and motion day | The 12th Judicial District local rules set Liberty County law and motion in Chester for the third Wednesday of each month, except holidays and at the court's discretion. This is a scheduling day, not a promise that every probate filing receives a hearing. |
| Interactive video conferencing | The 12th Judicial District local rules make interactive video conferencing available for court-related purposes in district courtrooms and allow the court to conduct civil proceedings by videoconference on its own motion or a party's motion, with advance arrangements and costs assigned to the requesting party. |
| Will copy rule | The 12th Judicial District local rules require a copy of the will attached to a petition for probate unless the original is already on file. |
Recent updates
| Update | What changed for Liberty County probate |
|---|---|
| Liberty County District Court converted to FullCourt Enterprise in February 2021 | Montana's District Court Public Access Portal at dcportal.pubcourts.mt.gov, through courts.mt.gov, covers records from converted district courts. Liberty County is listed as converted. |
| Judicial Branch e-filing policy dated July 30, 2026 | Liberty County District Court is listed as enabled for attorney e-filing, including Probate (DP) case types. The same Judicial Branch materials state that e-filing is not available to self-represented litigants at this time, through courts.mt.gov. |
| 12th Judicial District local rules | The local rules set Liberty County law and motion for the third Wednesday of each month in Chester, except holidays and at the court's discretion, and include the district's interactive video conferencing rule. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Liberty County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying whether the home passed outside probate and what other assets remain. If a court estate is needed, file in Chester if Liberty County is the proper venue under the domicile and property rule (Mont. Code Ann. § 72-3-112). The clerk of district court handles the informal application when that route fits. | Sunset helps collect account information, flag joint ownership and beneficiary designations, and prepare an estate settlement plan before a filing is made. |
| Out-of-state adult child with small estate | If the estate has only personal property and the probate estate fits the $100,000 ceiling current in the 2025 Montana Code and raised by Ch. 453, L. 2023, the claiming successor may use the Affidavit for Collection of Personal Property after the conditions in Mont. Code Ann. § 72-3-1101 are met. If a Liberty County case must be opened, file with the clerk in Chester, not in Havre. | Sunset helps determine whether an affidavit route is realistic, gathers institution details, and connects the family to a Montana attorney if a court filing or refusal by a holder needs legal help. |
| Parent settling predeceased child's estate, home must be sold | A sale of a home usually requires clear authority to act for the estate. If Liberty County is the proper venue, the parent files an informal application with the clerk or a formal probate petition with notice, depending on the will, heirs and any disagreement (Mont. Code Ann. § 72-3-112, § 72-3-301). | Sunset helps assemble the asset list, prepare the probate packet, track deadlines and connect the parent with a vetted attorney for sale authority and title issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Statewide civil self-help information. The program can provide legal information and direct people to resources, but it cannot give legal advice or represent you in court, according to courts.mt.gov. | courts.mt.gov/SelfHelp/ or (406) 841-2975. |
| State Law Library self-help location | Nearest statewide self-help center listed for Lewis and Clark County through the State Law Library, not a Liberty County courthouse service. The Court Help Program boundary still applies: legal information, not legal advice or representation, through courts.mt.gov. | 215 N Sanders, Helena, MT, (406) 444-9300, [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter, especially where staffing or case priorities limit intake. | mtlsa.org/apply-for-services/ and HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning materials. | montanalawhelp.org. |
| Liberty County clerk of district court | The clerk and staff handle legal documents filed by attorneys and self-represented parties, but they are not attorneys and cannot give legal advice. Clerks can provide forms and general procedure information, but they cannot choose your strategy or complete forms for you, except for disability access assistance described in statewide clerk guidance. | 111 1st Street East, Chester, MT 59522, (406) 759-5615. |
When to hire an attorney
Counsel makes sense when heirs disagree, the will may be contested, a home must be sold, a creditor dispute appears, the personal representative lives outside Montana, or the clerk denies an informal application and a formal probate petition with notice is needed. Montana does not require every personal representative to hire a lawyer, but the Court Help Program cannot give legal advice or represent you in court, and the Judiciary's own probate instructions tell readers to ask a lawyer when the estate is complicated. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, helps identify accounts, insurance, retirement assets and liabilities, and turns scattered paperwork into an estate settlement inventory you can use before filing in Liberty County.
Generate the probate packet. Sunset helps assemble the information needed for Montana's statewide probate forms at courts.mt.gov/Forms/endoflife, including the informal probate application, Statement of Informal Probate, Letters of Authority and supporting details for the clerk of district court.
Find a local probate attorney. When a Liberty County estate needs formal probate, real property sale authority, creditor strategy or a contested issue, Sunset connects the family with a vetted Montana probate attorney.
Sunset is free for families. Sunset supports families through estate settlement, from asset discovery to attorney matching, without charging families to get started.
Frequently asked questions
Where do I file probate in Liberty County?
File with the clerk of district court at the Liberty County Courthouse, 111 1st Street East, Chester, MT 59522. Mail goes to PO Box 549, Chester, MT 59522. The District Court has exclusive jurisdiction of all probate matters in Montana (Mont. Code Ann. § 72-3-111, § 3-5-302).
Why is the 12th Judicial District judge in Havre if the estate is in Liberty County?
Liberty County is part of Montana's 12th Judicial District with Chouteau and Hill Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Havre, but Liberty County filings are made with the clerk of district court in Chester.
Can a self-represented personal representative use e-filing in Liberty County?
No. The Montana Judicial Branch states that e-filing is not available to self-represented litigants at this time, through courts.mt.gov. Attorneys may e-file Liberty County Probate (DP) cases because the Judicial Branch lists Liberty County District Court as enabled.
When are Liberty County probate hearings scheduled?
If a hearing is needed, the 12th Judicial District local rules set Liberty County law and motion in Chester for the third Wednesday of each month, except holidays and at the court's discretion. The rules do not give a filing-to-hearing wait, so call the clerk before making travel plans.
Is remote appearance possible for a Liberty County probate matter?
Possibly, but only if the court allows it. The 12th Judicial District local rules allow the court, on its own motion or a party's motion, to conduct civil proceedings by videoconference when the rule's requirements are met, with advance arrangements through the Judicial Assistant and cost borne by the requesting party. Montana Rule of Civil Procedure 43(a) also addresses testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How do I look up a Liberty County District Court probate case?
Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Liberty County District Court converted to FullCourt Enterprise in February 2021. The Judicial Branch describes the portal as a courtesy, so call the clerk if you need to confirm what is available for a particular estate.
Does Liberty County have its own probate forms?
Liberty County has not posted a county-specific probate form or cover sheet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then file with the clerk of district court in Chester.
What is the probate filing fee in Liberty County?
The probate filing fee is $100.00 under the 2025 Montana Code. It is made up of the $70 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 payment method with the clerk before filing.
Does Montana charge inheritance tax or estate tax in a Liberty County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue says the inheritance tax does not apply to any death after January 1, 2001, the estate tax does not reach deaths after December 31, 2004, and no Department of Revenue certificate or consent is required to close probate, through revenue.mt.gov. An estate may still owe federal tax or need a Montana fiduciary income tax return.
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.