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Lincoln County, MT Probate Information
Quick facts
| Item | Lincoln County information |
|---|---|
| Court | Lincoln County District Court, Montana's 19th Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 512 California Ave., 2nd Floor, Libby, MT 59923 |
| Mailing | No separate mailing address is published on the Lincoln County page for the Clerk of the District Court. Call before mailing paper filings. |
| Phone | (406) 283-2342 |
| Fax | No fax number is published on the Lincoln County page for the Clerk of the District Court or the Montana Judicial Branch Court Locator. |
| [email protected] for correspondence and e-filed documents, as instructed by the clerk's office. | |
| Hours | General counter hours are not published on the clerk's current page. Call the clerk to confirm open hours and any filing cutoff before you go. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current under the 2025 Montana Code Annotated and reviewed August 2026. 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 before you file. |
| Local forms | No Lincoln County-specific probate packet is published on the clerk's page. Use the statewide probate forms at courts.mt.gov/Forms/endoflife and ask the clerk whether a local cover sheet is required. |
| E-filing | Montana district courts use statewide electronic filing, but the Judicial Branch states that e-filing is not available to self-represented litigants at this time. Attorneys may e-file where the court and case type are enabled. Confirm Lincoln County DP case availability with the clerk (courts.mt.gov). |
| Case search | Lincoln County District Court converted to FullCourt Enterprise in February 2024. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov for converted district courts, and availability should be confirmed with the clerk (courts.mt.gov). |
| Remote appearance | Ask the clerk what the 19th Judicial District's local rules and the assigned district judge require. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | Clerk of the District Court for Lincoln County: https://lincolncountymt.us/clerk-of-the-district-court-homepage/. Montana Judicial Branch Court Locator: https://courts.mt.gov/CourtLocator/19thJudicialDistrict |
Before you begin — know the assets and liabilities
Before you file anything in Libby, make a working list of the decedent's assets, debts, beneficiaries, account holders and title documents. The right estate settlement path depends on what is in the probate estate, who has priority to act, whether anyone is likely to object and whether the assets can be transferred without a court appointment.
Sunset's asset discovery searches more than 2,300 financial institutions, which can help families find accounts before choosing a Lincoln County probate filing strategy. Better asset information also helps you decide whether a court case, an Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, or another estate settlement step should come first.
Which court handles jurisdiction
Probate for Lincoln County is filed with the clerk of district court at the county courthouse in Libby. Lincoln County is the only county in Montana's 19th Judicial District, which is how the district judge and district court administration are assigned; the case itself is filed at this county's own courthouse (Mont. Code Ann. § 3-5-101).
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had the decedent's domicile at death, or, if the decedent was not domiciled in Montana, in any county where the decedent's property was located at death (Mont. Code Ann. § 72-3-112).
The District Court has exclusive jurisdiction of all probate matters, and the district court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). Lincoln County's courts of limited jurisdiction, including the Libby Justice Court and the Eureka, Libby and Troy City Courts, do not receive estate filings; Justice Court civil jurisdiction is limited by Mont. Code Ann. § 3-10-301, and City Court jurisdiction is described in Mont. Code Ann. § 3-11-102.
The jurisdiction process
- Identify the proper Montana proceeding. An informal probate or informal appointment starts with an application to the clerk of district court, while a formal probate starts with a petition and notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the paperwork. Use the statewide probate forms at courts.mt.gov/Forms/endoflife, gather the will if there is one, death information, heirs and devisees, asset information and any renunciations or nominations needed for priority.
- File with the clerk of district court in Libby. Bring or send the packet to the Lincoln County District Court, 512 California Ave., 2nd Floor, Libby, MT 59923, and pay the $100.00 probate commencement filing fee, current under the 2025 Montana Code Annotated and reviewed August 2026 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- For an informal proceeding, wait for the clerk or district judge to act. 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 if at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). The statewide packet calls the authority document Letters of Authority, and it is available through courts.mt.gov.
- Qualify before acting for 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).
- Handle any hearing or judge review. Formal probate proceeds before the district judge with notice, and Montana also recognizes an uncontested formal route (Mont. Code Ann. § 72-3-307). No Lincoln County hearing day is published here, so ask the clerk how the 19th Judicial District schedules probate matters and whether the local rules allow a requested video or telephone appearance. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Administer the estate after appointment. The personal representative gives notice to creditors by publication once a week for 3 successive weeks, with creditor claims generally due within 4 months after the date of first publication, and prepares the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-801, § 72-3-607).
- Finish administration and close out the court file. Pay allowed claims and expenses, distribute property to the people entitled to it, keep the heirs and devisees informed and file the papers needed to complete administration under Montana law.
Forms and documents
Probate forms in Lincoln County
Montana publishes statewide probate forms through the Judicial Branch under the forms page titled Wills, Trusts, Powers of Attorney, Estate Planning and Probate at courts.mt.gov/Forms/endoflife. Lincoln County's clerk page does not publish a separate county probate packet, so use the statewide materials and call the clerk before filing to confirm whether the 19th Judicial District requires any local cover sheet.
| Form or packet | Use |
|---|---|
| How to Administer a Small Estate Packet, Mont. Code Ann. § 72-3-1101 context | Includes informal probate materials, including an application, statement of informal probate, Letters of Authority, acceptance of appointment and related forms available through courts.mt.gov/Forms/endoflife. |
| Affidavit for Collection of Personal Property of Decedent, Mont. Code Ann. § 72-3-1101 | Used by a claiming successor after the statutory waiting period when the personal property route fits. It is presented to the person or institution holding the property, not used as the opening filing in Lincoln County District Court. |
| Affidavit of Death | A statewide probate form listed on courts.mt.gov/Forms/endoflife. |
| Fiduciary Statement | A statewide probate form listed on courts.mt.gov/Forms/endoflife. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Lincoln County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by reviewing the deed and title paperwork. If a probate appointment is needed, file the application or petition with the Lincoln County clerk of district court in Libby. If land records must be reviewed, the clerk and recorder is a different office from the clerk of district court. | Sunset helps locate accounts, organize title and debt information and assemble an estate settlement plan before a filing is made. |
| Out-of-state adult child with a small estate | If the assets are personal property and the statutory requirements fit, the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 may be presented to the holder after the required waiting period. If appointment is needed, file in Lincoln County District Court because Lincoln County is the proper venue under Mont. Code Ann. § 72-3-112. | Sunset helps identify institutions to contact, prepare the probate packet when a court filing is needed and connect the family with Montana counsel if the holder will not release property. |
| Parent settling a predeceased child's estate, home must be sold | A sale of a home commonly requires a personal representative with letters from the District Court. File the proper application or petition with the clerk of district court in Libby, then use the letters to work with the title company, creditors and heirs. | Sunset helps gather account information, prepare documents for the personal representative and coordinate a vetted attorney when real estate sale authority is central to the estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Help Program, courts.mt.gov | A free Montana Supreme Court program for civil, non-criminal problems. It can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | (406) 841-2975 |
| State Law Library Self-Help Law Center, courts.mt.gov | The statewide Helena self-help location listed by the Montana Judicial Branch. Use it when Lincoln County does not have a staffed self-help law center listed on the Judicial Branch self-help page. | 215 N Sanders, Helena, MT. Phone: (406) 444-9300. Email: [email protected] |
| Montana Legal Services Association, mtlsa.org | Statewide civil legal aid intake. It should not be treated as a promise of probate representation. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. Online application: mtlsa.org/apply-for-services/ |
| MontanaLawHelp.org, Montana Legal Services Association | Public self-help library with life and estate planning materials linked by the Montana Judicial Branch. | montanalawhelp.org |
When to hire an attorney
Consider counsel if the will may be contested, heirs disagree, the estate owns real property, a business or significant debt, a creditor issue is unclear, or a formal probate petition with notice is needed. The Court Help Program and clerk staff can provide information, but they cannot give legal advice or represent the personal representative in court. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families identify accounts, policies and other assets that may drive the Lincoln County estate settlement plan.
Generate the probate packet. Sunset uses the family's answers and asset information to help assemble the forms and supporting information needed for a Montana probate filing with the clerk of district court.
Find a local probate attorney. When a Lincoln County matter needs legal advice, a formal petition, real estate sale authority or help with disputes, Sunset connects families with a vetted attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets and understand the next probate step without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Lincoln County, Montana?
File with the clerk of district court at the Lincoln County District Court, 512 California Ave., 2nd Floor, Libby, MT 59923. The District Court has exclusive jurisdiction over all probate matters, and district courts have original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302).
Is Lincoln County in a multi-county judicial district?
No. Lincoln County is the only county in Montana's 19th Judicial District, so the district judge is chambered in Libby and the filing office is the Lincoln County clerk of district court in Libby (Mont. Code Ann. § 3-5-101).
Can I e-file a Lincoln County probate case if I am representing myself?
The Montana Judicial Branch states that e-filing is not available to self-represented litigants at this time. A self-represented personal representative should ask the Lincoln County clerk how to submit paper filings. Attorneys may use electronic filing where the court and case type are enabled (courts.mt.gov).
How much is the Lincoln County probate filing fee?
The probate commencement filing fee is $100.00, current under the 2025 Montana Code Annotated and reviewed August 2026. It combines 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).
Does Lincoln County publish its own probate forms?
The Lincoln County clerk page does not publish a separate county probate packet. Use the statewide probate forms at courts.mt.gov/Forms/endoflife and call the clerk to ask whether a local cover sheet is required.
How do I look up a Lincoln County probate case?
Lincoln County District Court converted to FullCourt Enterprise in February 2024. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov for converted district courts, and the Judicial Branch describes the portal as a courtesy rather than a required service. For a Lincoln County case search, confirm availability with the clerk (courts.mt.gov).
Will there be a hearing in Lincoln County probate?
Informal probate is handled through an application reviewed by the clerk of district court or the district judge, while formal probate uses a petition and notice and may involve judge review. No Lincoln County hearing day is published here. Ask the clerk how the 19th Judicial District schedules probate matters.
Can I appear by phone or video for a Lincoln County probate matter?
Ask the clerk what the 19th Judicial District's local rules require and whether the assigned district judge will allow a requested video or telephone appearance. Montana district courts may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
Does Montana have inheritance tax or estate tax for a Lincoln County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death, and the Department of Revenue no longer requires a certificate or consent to close probate or transfer securities. An estate may still owe federal tax and may still need a Montana fiduciary income tax filing (revenue.mt.gov).
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.