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McCone County, MT Probate Information
Quick facts
| Item | McCone County detail |
|---|---|
| Court | The McCone County District Court, Montana 7th Judicial District Court in McCone County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 1004 C Avenue, Circle, MT 59215. |
| Mailing address | PO Box 199, Circle, MT 59215. |
| Phone | (406) 485-3410, clerk of district court. |
| Fax | (406) 485-3436. |
| Hours | Call the clerk of district court before traveling to confirm counter hours and payment instructions. McCone County is on Mountain Time. |
| Filing fee | For 2025, $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The amount 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 | Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. A McCone County probate packet is not listed on the county Clerk of District Court page. |
| E-filing | McCone County District Court is enabled for attorney electronic filing in Probate, case type DP, as of the Judicial Branch court policy dated July 30, 2026. E-filing is not available to self-represented litigants at this time, so a self-represented personal representative files on paper with the clerk of district court (courts.mt.gov; Montana Temporary Electronic Filing Rules, AF 14-0745). |
| Case search | McCone County District Court converted to FullCourt Enterprise in September 2020. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, and the Judicial Branch describes the portal as a courtesy rather than a required statutory service. For 2025, the clerk may also perform a record search for $2 per name per year for up to 7 years and $1 per name for each additional year (courts.mt.gov; Mont. Code Ann. § 25-1-201). |
| Remote appearance | Remote appearance is controlled by the 7th Judicial District's local rules and the assigned district judge. Montana has no statewide rule giving a party a right to appear remotely; testimony by contemporaneous transmission may be allowed for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | courts.mt.gov/CourtLocator/7thJudicialDistrict and mcconecountymt.gov/departments/clerk-of-district-court. |
Before you begin — know the assets and liabilities
Before you choose a filing path in McCone County, make a working list of the decedent's assets, debts, account holders, real estate, vehicles, beneficiary designations and likely creditors. The clerk of district court can accept filings and provide general procedural information, but the clerk cannot decide which assets belong in the probate estate or give legal advice.
Sunset's estate settlement tools help families organize that first inventory by searching across 2,300 financial institutions for accounts and assets, then using the results to prepare a more complete probate packet for filing in Circle.
Which court handles jurisdiction
Probate for McCone County is filed with the clerk of district court at the county courthouse in Circle, Montana, 1004 C Avenue, Circle, MT 59215, with mail to PO Box 199, Circle, MT 59215. Venue is usually 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).
McCone County is one of five counties in Montana's 7th Judicial District, together with Dawson, Prairie, Richland and Wibaux Counties (Mont. Code Ann. § 3-5-101). The district judges sit in Sidney, Richland County, and Glendive, Dawson County, so the judge who signs an order in a McCone County estate may be chambered outside McCone County while the filing remains with the clerk of district court in Circle.
Montana 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). The Justice Court and City Court that sit in Circle are courts of limited jurisdiction and do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Identify the probate property, debts, heirs, devisees and any will. Check whether the estate needs a McCone County District Court case or whether the Affidavit for Collection of Personal Property may fit after 30 days, if the probate estate is $100,000 or less as raised by Ch. 453, L. 2023, no appointment application or petition is pending or granted, and the other statutory statements can be made (Mont. Code Ann. § 72-3-1101).
- Choose the correct opening document. Informal probate uses an application to the clerk of district court, while formal probate uses a petition with notice before the district judge (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the statewide Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife, including the application for informal probate when that route fits, the statement of informal probate, the Letters of Authority, the acceptance paperwork and any required renunciations or nominations.
- File the packet with the clerk of district court in McCone County at 1004 C Avenue in Circle, or mail it to PO Box 199, Circle, MT 59215. A self-represented filer uses paper filing; attorney electronic filing is available for Probate, case type DP, in McCone County District Court under the Judicial Branch court policy dated July 30, 2026 (courts.mt.gov).
- Pay the 2025 probate commencement filing fee of $100.00, 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). Call the clerk before filing to confirm accepted payment methods.
- For informal probate, the clerk of district court makes the required findings and may issue the written statement of informal probate and Letters after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-215, § 72-3-225). If the clerk denies the informal application, that denial does not prevent a formal proceeding.
- If a formal hearing or other court date is needed, ask the clerk how the 7th Judicial District schedules McCone County matters. Any request to appear remotely depends on the district judge and local rules, and testimony by contemporaneous transmission is governed by Mont. R. Civ. P. 43(a).
- After appointment, the personal representative qualifies 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). Use the Letters of Authority from courts.mt.gov forms to show banks, title companies and other holders that the personal representative has authority.
- Administer the estate by gathering assets, paying valid expenses and claims, and giving notice to creditors when required. A personal representative publishes notice once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditors generally have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801). Claims may also be barred by the 1 year after death limit in Mont. Code Ann. § 72-3-803.
- Prepare the inventory within 9 months after appointment, listing probate property, fair market value and encumbrances (Mont. Code Ann. § 72-3-607). Complete tax and distribution work, then use the appropriate Montana closing procedure for the estate settlement.
Forms and documents
Probate forms in McCone County
McCone County uses the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. The probate forms are grouped under the Judiciary's wills, trusts, powers of attorney, estate planning and probate page, not on a separate McCone County form page.
| Form or packet | Use in McCone County |
|---|---|
| How to Administer a Small Estate Packet | Used for an informal probate packet when the estate fits the statewide instructions. The packet includes the application, statement of informal probate, Letters of Authority, acceptance documents and notice forms, and the page also connects readers to the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. |
| Affidavit for Collection of Personal Property of Decedent | Used by a claiming successor to collect qualifying personal property after the 30 day wait when the probate estate is $100,000 or less, as raised by Ch. 453, L. 2023, and no application or petition for appointment is pending or granted (Mont. Code Ann. § 72-3-1101). It is presented to the holder of the property, not opened as a District Court case. |
| Affidavit of Death | Available on the same Montana Judicial Branch forms page for estate related use. |
| Fiduciary Statement | Available on the same Montana Judicial Branch forms page for fiduciary administration. |
The clerk of district court page for McCone County lists the local office contact information and a filing cost document, but it does not list a McCone County probate form packet. Call the clerk at (406) 485-3410 if you want to confirm whether any cover sheet or local formatting instruction applies before filing.
Local nuance
McCone County-specific considerations
| Local point | What it means for a McCone County estate |
|---|---|
| Five-county judicial district | McCone County is in Montana's 7th Judicial District with Dawson, Prairie, Richland and Wibaux Counties (Mont. Code Ann. § 3-5-101). File in Circle with the McCone County clerk of district court, even though the district judge assigned to the matter may be chambered in Sidney or Glendive. |
| Attorney e-filing enabled | McCone County District Court is enabled for attorney electronic filing in Probate, case type DP, under the Judicial Branch court policy dated July 30, 2026. E-filing is not available to self-represented litigants at this time, so families filing without counsel use paper filing with the clerk of district court (courts.mt.gov). |
| FullCourt Enterprise conversion | McCone County District Court converted to FullCourt Enterprise in September 2020. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, but the Judicial Branch describes public portal access as a courtesy rather than a required statutory service (courts.mt.gov). |
Recent updates
| Date | McCone County probate update |
|---|---|
| September 2020 | McCone County District Court converted to FullCourt Enterprise, the case management system connected to Montana's District Court Public Access Portal information (courts.mt.gov). |
| July 30, 2026 | The Judicial Branch court policy lists McCone County District Court as enabled for attorney electronic filing in Probate, case type DP. E-filing is not available to self-represented litigants at this time (courts.mt.gov). |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely McCone County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home is titled and whether it is probate property. If a McCone County probate is needed, file the application or petition with the clerk of district court in Circle, then use the Letters of Authority from courts.mt.gov forms to work with title and financial institutions. | Sunset helps gather account and property information, organize the estate settlement task list, and prepare a probate packet for the McCone County filing counter. |
| Out-of-state adult child with small estate | If only qualifying personal property needs to be collected, the Affidavit for Collection of Personal Property may be used after 30 days when the probate estate is $100,000 or less, as raised by Ch. 453, L. 2023, and no appointment application or petition is pending or granted (Mont. Code Ann. § 72-3-1101). If a court appointment is needed, file in Circle by paper if self-represented, or through an attorney if using e-filing. | Sunset helps determine what accounts exist, separates court and non-court tasks, and can connect the family with Montana counsel if travel or signing logistics are difficult. |
| Parent settling predeceased child's estate, home must be sold | A sale of real property usually requires authority from a personal representative rather than the personal property affidavit route. File the McCone County probate in Circle, obtain Letters of Authority from the District Court process, then work through creditor notice, inventory and sale logistics. | Sunset helps build the asset list, generate the estate settlement packet, track deadlines and connect the parent with a vetted probate attorney when a home sale is involved. |
Self-help resources
| Resource | How it can help | Contact |
|---|---|---|
| Clerk of district court in McCone County | The clerk accepts District Court filings, issues process and notices, keeps the register of actions, and can answer general procedural questions. The clerk cannot give legal advice or fill out forms for you. | 1004 C Avenue, Circle, MT 59215. Phone (406) 485-3410. Fax (406) 485-3436. |
| Montana Supreme Court Court Help Program | The Court Help Program provides free civil legal information and directs self-represented litigants to resources, but it cannot give legal advice or represent you in court (courts.mt.gov). | (406) 841-2975. Website: courts.mt.gov/SelfHelp/. |
| State Law Library Self-Help Law Center | A staffed statewide Self-Help Law Center option in Helena for civil legal information. It is not a McCone County courthouse service and it does not provide legal advice or representation (courts.mt.gov). | 215 N Sanders, Helena. Phone (406) 444-9300. |
| Rural Self-Help location in Dawson County | The Montana Supreme Court lists a rural by-appointment self-help location at the Dawson County Courthouse in Glendive. Dawson County is in the same 7th Judicial District as McCone County (courts.mt.gov). | By appointment through the Court Help Program. |
| Montana Legal Services Association | Statewide civil intake for eligible people. Do not assume it will take a probate matter, but it can be a starting point for civil legal help screening (mtlsa.org). | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. Online application: mtlsa.org/apply-for-services/. |
| MontanaLawHelp.org | Public legal information library connected to Montana Legal Services Association, including life and estate planning topics. | montanalawhelp.org. |
When to hire an attorney
Consider hiring a probate attorney for a McCone County estate if there is real estate to sell, a dispute among heirs or devisees, creditor problems, a missing or unclear will, property outside Montana, tax filings, or a need for formal probate with notice before the district judge. Montana does not require every personal representative to have counsel, but court staff and the Court Help Program cannot give legal advice. Sunset connects families to a vetted attorney when legal help would make the estate settlement safer.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 financial institutions to help identify accounts, balances and institutions that may need a personal representative, affidavit or beneficiary claim.
Generate the probate packet. Sunset turns the asset list and family information into an organized estate settlement packet for McCone County, including the information a personal representative needs before filing with the clerk of district court in Circle.
Find a local probate attorney. When the estate involves a home sale, a contested issue, formal probate with notice, or questions the clerk cannot answer, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize tasks, find assets and understand next steps without paying Sunset. If attorney help is needed, the attorney will explain any separate fees before representation begins.
Frequently asked questions
Where do I file probate in McCone County?
File McCone County probate with the clerk of district court at the county courthouse in Circle, 1004 C Avenue, Circle, MT 59215, or mail filings to PO Box 199, Circle, MT 59215. Venue usually follows the decedent's domicile at death, or, for a non-Montana decedent, a Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Is McCone County probate filed in District Court?
Yes. Montana District Court has exclusive jurisdiction of all probate matters, and District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). In McCone County, that court is the McCone County District Court in Montana's 7th Judicial District (Mont. Code Ann. § 3-5-101).
Can I e-file a McCone County probate case myself?
No. The Montana Judicial Branch states that e-filing is not available to self-represented litigants at this time, so a self-represented personal representative files on paper with the clerk of district court in Circle. McCone County District Court is enabled for attorney electronic filing in Probate, case type DP, under the Judicial Branch court policy dated July 30, 2026 (courts.mt.gov).
How much is the McCone County probate filing fee?
For 2025, the probate commencement filing fee is $100.00. It consists 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). Call the clerk before filing to confirm payment method.
Will I have to go to Sidney or Glendive for a McCone County estate?
You file in Circle with the McCone County clerk of district court. The 7th Judicial District's district judges sit in Sidney and Glendive, so a judge assigned to a McCone County estate may be chambered outside the county, but that does not move the filing counter out of Circle (Mont. Code Ann. § 3-5-101).
Are McCone County probate hearings available by video or telephone?
Remote appearance depends on the assigned district judge and the 7th Judicial District's local rules. Montana has no statewide rule giving a party a right to appear remotely, although testimony by contemporaneous transmission may be allowed for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk what the judge requires before any hearing.
Can I look up a McCone County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, and McCone County District Court converted to FullCourt Enterprise in September 2020 (courts.mt.gov). The Judicial Branch describes the portal as a courtesy rather than a required statutory service, so call the clerk of district court if you need to confirm what is available for a specific estate.
Does McCone County have its own probate forms?
Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. A separate McCone County probate form packet is not listed on the page for the clerk of district court. The statewide materials include the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 and informal probate forms that include Letters of Authority.
Does Montana have inheritance tax or estate tax for a McCone County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue says the inheritance tax applies to no death after January 1, 2001, the estate tax applies to no death after December 31, 2004, and no Department of Revenue certificate or consent is required to close probate (revenue.mt.gov). An estate may still have federal tax duties or a Montana fiduciary income tax filing duty.
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.