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Madison County, MT Probate Information
Quick facts
| Item | Madison County information |
|---|---|
| Court | The Madison County District Court, Montana 5th Judicial District Court in Madison County (Mont. Code Ann. § 3-5-101). |
| Filing office | The clerk of district court in Madison County. Probate is filed in the district court through this office. |
| Courthouse address | Madison County Annex, 103 W. Wallace Street, Second Floor, Virginia City, MT 59755. |
| Mailing address | PO Box 185, Virginia City, MT 59755. |
| Phone | (406) 843-4230. |
| Fax | (406) 843-5207. |
| Hours | Call before visiting. Madison County's clerk pages do not publish general office hours for probate filings. |
| Filing fee | $100 to commence a probate, current under the 2025 Montana Code Annotated. The amount includes the $70 probate filing component, 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). |
| Local forms | Madison County does not publish a separate county probate packet or cover sheet. Use the statewide probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants, per courts.mt.gov. Attorneys use electronic filing in Madison County District Court for enabled case types, including Probate (DP), under courts.mt.gov court policy and the Montana Temporary Electronic Filing Rules. |
| Case search | Madison County District Court converted to FullCourt Enterprise in March 2021. Montana's District Court Public Access Portal is reached through courts.mt.gov/Courts/portals at dcportal.pubcourts.mt.gov; confirm available probate case information with the clerk. |
| Remote appearance | Madison County publishes Zoom joining information, but whether a party may appear by video or telephone is governed by the 5th Judicial District local rules and the judge's permission. Montana permits contemporaneous transmission only under the conditions in Mont. R. Civ. P. 43(a). |
| Website | courts.mt.gov/CourtLocator/5thJudicialDistrict and madisoncountymt.gov/165/Clerk-of-the-District-Court. |
Before you begin — know the assets and liabilities
Before you choose a filing path in Madison County, make a working inventory of the decedent's assets, debts, title documents, beneficiary designations and likely creditors. That asset picture tells you whether you need Letters of Authority from the clerk of district court or district judge, whether a personal-property affidavit under Mont. Code Ann. § 72-3-1101 may be enough, and what information belongs in the probate application or petition.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, insurers, brokerages, employers and benefit providers. That helps you avoid opening a Madison County probate case before you know what property actually needs court authority.
Which court handles jurisdiction
Probate for Madison County is filed with the clerk of district court at the Madison County Annex in Virginia City, 103 W. Wallace Street. Madison County is one of three counties in Montana's 5th Judicial District, together with Beaverhead and Jefferson Counties (Mont. Code Ann. § 3-5-101). Each county keeps its own clerk of district court, so a Madison County estate filing stays at the Madison County filing office.
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 Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Montana does not use a county-level court for probate and does not have a separate court for probate matters: 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 in Virginia City and the City Court in Ennis, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Confirm that Madison County is the correct venue. Use Madison County if the decedent was domiciled there at death, or if the decedent was not domiciled in Montana and property was located in Madison County (Mont. Code Ann. § 72-3-112).
- Choose the filing track. An informal probate or informal appointment uses an application to the clerk; a formal probate uses a petition with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the statewide probate forms at courts.mt.gov/Forms/endoflife. For informal probate, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the statement of informal probate and Letters after the 120 hours required by Mont. Code Ann. § 72-3-215 and § 72-3-225.
- File with the clerk of district court at 103 W. Wallace Street, Second Floor, Virginia City, or mail the packet to PO Box 185, Virginia City, MT 59755. Self-represented litigants file on paper because e-filing is not available to self-represented litigants, per courts.mt.gov. Attorneys use electronic filing where Madison County District Court and the Probate (DP) case type are enabled under courts.mt.gov policy.
- Pay the $100 filing fee, current under the 2025 Montana Code Annotated, unless the court grants a fee waiver through courts.mt.gov forms. The $100 amount is based on Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- Handle required notices. In a formal probate, notice is part of the formal process. After appointment, the personal representative gives notice to creditors by publication once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditor claim timing runs under Mont. Code Ann. § 72-3-801 and § 72-3-803.
- Schedule any required court appearance through the 5th Judicial District process. The district judge holds court in Virginia City on Mondays under the local rules, and uncontested probate matters may follow the district's local no-appearance procedure where the rules allow it, subject to Mont. Code Ann. § 72-3-307.
- If a video or telephone appearance is needed, ask the clerk what the 5th Judicial District local rules require. Madison County publishes Zoom joining instructions, but permission to appear remotely is controlled by the local rules and by Mont. R. Civ. P. 43(a).
- After appointment, qualify before receiving letters by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The Letters of Authority from courts.mt.gov forms are what banks, title companies and other institutions commonly ask to see.
- Administer and close the estate. The personal representative gathers property, manages claims and debts, prepares the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), handles any required tax filings, distributes property, and completes the closing steps that fit the estate settlement.
Forms and documents
Probate forms in Madison County
Madison County does not publish a separate county probate packet or probate cover sheet on its clerk pages. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife, including the informal probate materials, the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the Fiduciary Statement, and related estate planning and probate materials.
For an informal Madison County filing, complete the statewide forms, sign where required, gather the death certificate, the original will if there is one, any required renunciations or nominations, and the proposed statement of informal probate and Letters of Authority from courts.mt.gov forms. File the packet with the clerk of district court in Virginia City, not with the clerk and recorder.
Fees
| Fee item | Amount | Authority and local note |
|---|---|---|
| Probate commencement | $100, current under the 2025 Montana Code Annotated | Madison County's published service and fee list matches the statewide amount for filing a formal, informal or ancillary probate. The statewide amount is based on Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. |
| Foreign probate with certificate | $85, current under the 2025 Montana Code Annotated | Madison County's published service and fee list prints this amount, matching the statewide clerk fee structure under Mont. Code Ann. § 25-1-201 and § 25-1-202. |
| Guardianship or conservatorship commencement | $100, current under the 2025 Montana Code Annotated | Madison County's published service and fee list prints this amount. Guardianship and conservatorship are not probate estate settlement, but they can arise alongside a family matter and use the same clerk of district court filing office. |
Timeline
- Before filing, confirm venue and prepare the application or petition. Probate generally cannot be opened informally until at least 120 hours have passed since death, and informal appointment has the same 120-hour timing rule, with a longer 30-day rule for certain nonresident decedents (Mont. Code Ann. § 72-3-215, § 72-3-225).
- File the opening packet with the Madison County clerk of district court in Virginia City. The judge holds court in Virginia City on Mondays under the 5th Judicial District local rules, but the clerk can tell you how the next Madison County setting is handled.
- For an uncontested probate matter, ask whether the 5th Judicial District local no-appearance procedure applies. Montana also has a statutory route for hearings and proof in uncontested formal cases (Mont. Code Ann. § 72-3-307).
- If a remote appearance is requested, follow the 5th Judicial District local rules and the judge's instructions. Montana may permit testimony by contemporaneous transmission only for good cause in compelling circumstances with appropriate 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. Claims timing is governed by the 4-month period in Mont. Code Ann. § 72-3-801 and the outer bar in Mont. Code Ann. § 72-3-803.
- Prepare the inventory within 9 months after appointment, listing probate property, fair market value and encumbrances as required by Mont. Code Ann. § 72-3-607.
Local nuance
Madison County-specific considerations
| Local point | What it means in Madison County |
|---|---|
| Judge location | Madison County is in Montana's 5th Judicial District with Beaverhead and Jefferson Counties (Mont. Code Ann. § 3-5-101). The single district judge holds court in Virginia City on Mondays under the local rules, so Madison County probate matters have a local court day in Virginia City. |
| Filing counter | Use the Madison County clerk of district court at the Madison County Annex, 103 W. Wallace Street, Second Floor, Virginia City. Do not send a Madison County filing to another 5th Judicial District county. |
| Attorney e-filing | Madison County District Court is enabled for attorney e-filing in Probate (DP) matters under courts.mt.gov policy. E-filing is not available to self-represented litigants, so a family member handling the estate without counsel files on paper with the clerk. |
| Self-help routing | Madison County's clerk page points self-help callers to the Gallatin County Self Help Program by phone at (406) 582-2158. The statewide Court Help Program remains available through courts.mt.gov and cannot give legal advice or represent you. |
Recent updates
| Current rule or local item | What changed or matters now |
|---|---|
| Madison County e-filing | As of the July 30, 2026 courts.mt.gov court policy, Madison County District Court is enabled for Probate (DP) attorney e-filing. E-filing is not available to self-represented litigants. |
| Madison County FullCourt Enterprise | Madison County District Court converted to FullCourt Enterprise in March 2021, so the courts.mt.gov District Court Public Access Portal route is the starting point for online case lookup questions. |
| 5th Judicial District local rules | The 5th Judicial District local rules used for Madison County were updated on October 14, 2025 and include Madison County filing contact points, remote appearance rules and local scheduling procedures. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First confirm how the home is titled and whether it passes outside the probate estate. If court authority is still needed for estate settlement, file in the Madison County District Court if venue is proper under Mont. Code Ann. § 72-3-112. | Sunset helps identify titled assets, mortgages, accounts and beneficiary designations before you decide whether Letters of Authority are needed. |
| Out-of-state adult child with a small estate under Mont. Code Ann. § 72-3-1101 | If the estate fits the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the claiming successor presents the affidavit to the holder of the property after the statutory waiting period. If Letters are needed, file with the Madison County clerk of district court in Virginia City. | Sunset helps locate accounts and can organize the information needed for either the affidavit route or a Madison County probate packet. |
| Parent settling predeceased child's estate, home must be sold | A sale of Montana real property usually requires court authority unless title passes outside probate. If Madison County is the proper venue, the personal representative seeks Letters of Authority through the Madison County District Court before dealing with the sale. | Sunset helps gather asset information, generate a probate packet and connect the family with a local probate attorney when real estate must be sold. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free statewide help for civil, non-criminal legal problems through courts.mt.gov. The program can provide legal information and resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/; (406) 841-2975. |
| Gallatin County Self Help Program referral | Madison County's clerk page directs self-help callers to the Gallatin County Self Help Program by phone. This is a practical referral for Madison County residents, not a staffed center inside the Madison County Annex. | (406) 582-2158. |
| State Law Library Self-Help Law Center | Statewide self-help resource through courts.mt.gov, located in Helena. The Court Help Program boundary still applies: legal information and resources, not legal advice or representation. | 215 N. Sanders, Helena; (406) 444-9300; [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake through mtlsa.org. It is an intake resource and does not promise representation for a Madison County probate case. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm; mtlsa.org/apply-for-services/. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association. Use it for general Montana estate and life-planning information, not as a substitute for legal advice. | montanalawhelp.org. |
When to hire an attorney
Counsel makes sense in a Madison County estate settlement when the family expects a dispute, real property must be sold, the will may be challenged, creditors are difficult, tax filings are unclear, or the clerk denies an informal application and a formal petition with notice is needed. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions so the family can see bank accounts, insurance, retirement assets, loans and other property before choosing a Madison County estate settlement path.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for the Madison County District Court, using the facts needed for the application or petition, the asset list and the Letters of Authority process.
Find a local probate attorney. When the estate needs legal judgment, Sunset helps connect the family with a vetted Montana probate attorney who can advise on Madison County procedure, real estate, creditor issues and contested matters.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If legal help is needed, the attorney relationship is separate and the attorney explains any fees before work begins.
Frequently asked questions
Where do I file probate in Madison County, Montana?
File probate with the clerk of district court for the Madison County District Court at the Madison County Annex, 103 W. Wallace Street, Second Floor, Virginia City, MT 59755. Mail can be sent to PO Box 185, Virginia City, MT 59755.
Is Madison County in the 5th Judicial District?
Yes. Madison County is part of Montana's 5th Judicial District with Beaverhead and Jefferson Counties (Mont. Code Ann. § 3-5-101). The case is still filed with the Madison County clerk of district court in Virginia City.
Can I e-file a Madison County probate case myself?
No. E-filing is not available to self-represented litigants, per courts.mt.gov. A self-represented personal representative files on paper with the Madison County clerk of district court. Attorneys use electronic filing where Madison County District Court and the Probate (DP) case type are enabled under courts.mt.gov policy.
What is the Madison County probate filing fee?
The probate filing fee is $100, current under the 2025 Montana Code Annotated. The total comes from Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317, and Madison County's published service and fee list matches that amount.
Does Madison County publish local probate forms?
Madison County does not publish a separate county probate packet or cover sheet on its clerk pages. Use the statewide probate forms at courts.mt.gov/Forms/endoflife, then file the packet with the clerk of district court in Virginia City.
When are probate matters heard in Madison County?
The 5th Judicial District local rules state that the district judge holds court in Virginia City on Mondays. That is a court day, not a guarantee that a particular estate will be heard on the next Monday. Ask the clerk how your Madison County matter will be scheduled under the local rules.
Can I appear by Zoom in a Madison County probate matter?
Madison County publishes Zoom joining instructions, but permission to appear remotely is governed by the 5th Judicial District local rules and the judge's instructions. Montana also requires good cause in compelling circumstances for testimony by contemporaneous transmission under Mont. R. Civ. P. 43(a).
Can I look up a Madison County probate case online?
Madison County District Court converted to FullCourt Enterprise in March 2021. Montana publishes the District Court Public Access Portal through courts.mt.gov/Courts/portals at dcportal.pubcourts.mt.gov, but the Judicial Branch describes the portal as a courtesy rather than a required service. The clerk can also answer questions about court record searches under Mont. Code Ann. § 25-1-201.
Do I have to travel to Virginia City for Madison County probate?
You file the Madison County probate case with the clerk of district court in Virginia City. Whether you must appear in person depends on the type of proceeding, the 5th Judicial District local rules and the judge's instructions. Ask the clerk before making travel plans.
Does Montana have an inheritance tax for a Madison County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death, according to revenue.mt.gov. The inheritance tax reaches no death after January 1, 2001, the estate tax reaches no death after December 31, 2004, and the Department of Revenue no longer issues a certificate or consent to close probate. An estate may still have federal tax issues or a Montana income tax return requirement.
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.