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Missoula County, MT Probate Information
Quick facts
| Topic | Missoula County detail |
|---|---|
| Court | Missoula County District Court, Montana 4th Judicial District Court |
| Filing office | Clerk of district court in Missoula County |
| Courthouse address | Missoula County Courthouse, 200 West Broadway, second floor, Missoula, MT 59802 |
| Mailing address | Clerk of District Court, 200 West Broadway, Missoula, MT 59802 |
| Phone | (406) 258-4780 |
| Fax | (406) 258-4899 |
| Hours | 8:00 am to 5:00 pm, Monday through Friday, Mountain Time. Call before traveling because county holiday closures apply, including Election Day in even-numbered years. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The amount is current under the 2025 Montana Code and 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 | The Montana Judicial Branch publishes statewide probate forms at courts.mt.gov/Forms/endoflife. Missoula County publishes no county-specific probate packet. The 4th Judicial District's local rules attach a Request for Hearing form for matters that need the law and motion calendar. |
| E-filing | Montana district courts use a statewide electronic filing system, and the Judicial Branch states that e-filing is not available to self-represented litigants at this time. The Judicial Branch court policy lists Missoula County District Court as enabled for probate cases for attorney electronic filing, and the 4th Judicial District's local rules require Montana-admitted lawyers appearing there to be registered users of the system. See courts.mt.gov. |
| Case search | Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov. Missoula County District Court converted to FullCourt Enterprise in June 2018, and the Judicial Branch describes the public access portal as a courtesy rather than a required statutory service. See courts.mt.gov. |
| Remote appearance | Whether a video or telephone appearance is permitted in a Missoula County probate matter is decided by the district judge under the 4th Judicial District's local rules. Montana district courts may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Websites | Judicial Branch Court Locator: https://courts.mt.gov/CourtLocator/4thJudicialDistrict. Missoula County district court page: https://www.missoulacounty.gov/departments/district-court/. |
Before you begin — know the assets and liabilities
Before you go to the clerk of district court in Missoula, identify what the estate owns, what it owes and what was held outside the probate estate. The route depends on those facts, and the personal representative will later need the inventory required by Mont. Code Ann. § 72-3-607.
Sunset's asset discovery searches more than 2,300 financial institutions, so a Missoula County family can see accounts, balances and debts before choosing an estate settlement path or filling in a court form.
Which court handles jurisdiction
Probate for Missoula County is filed with the clerk of district court at the county courthouse in Missoula. Missoula County is one of the two counties in Montana's 4th Judicial District, which is how district judges and the district court's local rules 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 probate or appointment proceeding is the county where the decedent had their domicile at the time of death, or, if the decedent was not domiciled in Montana, any county where property of the decedent was located at the time of death (Mont. Code Ann. § 72-3-112). Missoula County includes Missoula, Lolo, Frenchtown, Bonner, East Missoula and Seeley Lake, and estate filings from anywhere in the county go to the Missoula courthouse.
Montana has no county-level probate tribunal and no separate court just 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). Montana's courts of limited jurisdiction, the Justice Court, City Court and Municipal Court that sit in the same counties, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Build the asset and debt list first. The route, the number of certified copies and the estate settlement workload all depend on what is in the estate.
- Get the statewide forms from the Montana Judicial Branch forms page at courts.mt.gov/Forms/endoflife. Missoula County points readers to the state forms and does not publish a county-specific probate packet.
- File the application for informal probate and appointment, or a petition if the matter is formal, with the clerk of district court in Missoula County. File in person on the second floor of the Missoula County Courthouse at 200 West Broadway in Missoula, or by mail to the Clerk of District Court, 200 West Broadway, Missoula, MT 59802.
- If a will is being offered, attach a copy to the petition and file the original will with the clerk of district court, as the 4th Judicial District's local rules require.
- Pay the $100.00 commencement amount, current under the 2025 Montana Code, 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).
- The clerk of district court allocates the case among the district's five departments in random numerical rotation. A Missoula County probate case number begins with the probate case-type code DP, then court number 32, the year and the case's own number. Later filings must carry the department number directly above the cause number under the local rules.
- 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, but not until at least 120 hours have elapsed since death, or 30 days if the decedent was not a Montana resident (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). A denial is not an adjudication and formal proceedings remain open.
- Qualify before the Letters issue by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The Judiciary's packet uses the title Letters of Authority, and banks and transfer agents commonly ask for certified copies.
- Publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in Missoula County. Creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, valuing each item at fair market value as of the date of death (Mont. Code Ann. § 72-3-607).
- If a hearing is needed, ask for one in writing. The 4th Judicial District's local rules put probate proceedings on the law and motion calendar for uncontested matters, and a matter goes on that calendar only on written request to the scheduling clerk at least 24 hours ahead using the district's Request for Hearing form.
- Ask the clerk of district court what the assigned department requires for any video or telephone appearance. Remote participation is decided under the 4th Judicial District's local rules, and testimony by contemporaneous transmission depends on good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Administer and close the estate, keep copies of every filed paper, and confirm any current fee, scheduling or filing detail with the clerk of district court at (406) 258-4780 before relying on it.
Executor duties
| Local duty | What it means in Missoula County |
|---|---|
| Use the right counter | Estate filings go to the clerk of district court on the second floor of the Missoula County Courthouse at 200 West Broadway. The Justice Court and the Clerk and Recorder are different offices in the same building and do not take probate filings. |
| Track the department number | The case is assigned among five departments when opened. After the opening document, the 4th Judicial District's local rules require the department number directly above the cause number. |
| File the original will | In a will case, the local rules require a copy of the will attached to the petition and the original filed with the clerk of district court. |
| Use the hearing request process | A probate matter goes on the law and motion calendar only by written request to the scheduling clerk at least 24 hours ahead, using the district's Request for Hearing form. The request identifies the issue and estimates time. |
| Budget for certified copies | Missoula County publishes $2 per document for certification with the seal, current under Mont. Code Ann. § 25-1-201 in the 2025 code, plus copy charges of $1 per page for the first 10 pages and $0.50 per page after that. |
| Disclose generative artificial intelligence use | The 4th Judicial District's local rules require any filer who used generative artificial intelligence to prepare a court document to disclose the tool, explain how it was used and certify that all citations and factual statements were checked. |
Forms and documents
Probate forms in Missoula County
The Montana Judicial Branch publishes statewide probate forms under the category headed Wills, Trusts, Powers of Attorney, Estate Planning and Probate at courts.mt.gov/Forms/endoflife. The statewide set includes forms for informal probate, the Statement of Informal Probate, Letters of Authority, the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, an Affidavit of Death and a Fiduciary Statement.
Missoula County does not publish a county-specific probate packet. The clerk of district court's local page sends readers to the Judicial Branch forms, and the 4th Judicial District's local rules do not attach a probate packet.
The local form an estate may meet is the 4th Judicial District's Request for Hearing form. The local rules use it to place a matter on the law and motion calendar. In a will case, the local rules also require a copy of the will attached to the petition and the original will filed with the clerk of district court.
A Montana clerk can give forms and instructions and can check for signatures, notarization, the correct county name and the case number, but cannot fill out the forms except for a person with a disability.
Fees
| Charge | Amount | Missoula County note |
|---|---|---|
| Probate commencement | $100.00, current under the 2025 Montana Code | The amount is statutory, not a Missoula County surcharge: $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and $10 under Mont. Code Ann. § 3-1-317. |
| Certification with seal | $2 per document, current under the 2025 Montana Code | Missoula County publishes this amount for certified records, and the amount matches Mont. Code Ann. § 25-1-201. |
| Paper copies | $1 per page for the first 10 pages, then $0.50 per page, current under the 2025 Montana Code | Useful when ordering copies from the clerk of district court's records office. See Mont. Code Ann. § 25-1-201. |
| Emailed copies | $0.25 per page, current under the 2025 Montana Code | Missoula County publishes this amount for emailed record copies. See Mont. Code Ann. § 25-1-201. |
| Record search | $2 per name per year for the first 7 years, then $1 per name per year for each additional year, current under the 2025 Montana Code | The clerk of district court can search court records for this statutory charge (Mont. Code Ann. § 25-1-201). |
| Documents submitted by email or facsimile | 50 cents per page, current under the 2025 Montana Code | The 4th Judicial District's local rules provide that documents may be submitted for filing by email or by facsimile, and require the 50 cents a page that Mont. Code Ann. § 25-1-201 charges for a pleading filed that way; ask the clerk of district court in Missoula County whether an estate opening may go that route before you rely on it. |
Timeline
- At filing, the clerk of district court assigns the new case among the 4th Judicial District's five departments in random numerical rotation, unless the district's One Family, One Judge rule sends it to a department with a related case.
- In an informal proceeding, the clerk of district court cannot issue the statement of informal probate until at least 120 hours have elapsed since death, and informal appointment for a decedent who was not a Montana resident waits 30 days instead (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Probate proceedings that need a hearing are placed on a department's law and motion calendar under the 4th Judicial District's local rules. The local rules say uncontested matters, probate proceedings and other matters not involving contested questions of fact are heard on law and motion day unless the court orders otherwise.
- A matter goes on the law and motion calendar only by written request to the scheduling clerk at least 24 hours before the hearing date. The district's Request for Hearing form is attached to the local rules, and the request must identify the issue, estimate each side's time and list witnesses.
- A matter expected to exceed a total hearing time of 20 minutes is not scheduled on the law and motion calendar. A matter expected to take more than one hour is scheduled as a contested hearing under the local rules.
- Missoula County posts the final calendar for a judge's law and motion day, plus hearings through the following Friday, by 2:00 pm on the day before law and motion.
- The personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors have 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- The inventory is due within 9 months after appointment, not after death (Mont. Code Ann. § 72-3-607).
- Confirm current scheduling with the clerk of district court in Missoula County at (406) 258-4780, because law and motion days differ by department and any department may modify its own schedule under the 4th Judicial District's local rules.
Local nuance
Missoula County-specific considerations
| Local point | Why it matters |
|---|---|
| Five departments | The 4th Judicial District covers Missoula and Mineral Counties and divides its District Court into five departments. A Missoula probate is filed in Missoula, then allocated among the five departments in random numerical rotation under the local rules (Mont. Code Ann. § 3-5-101). |
| One Family, One Judge rule | When a new case is accepted for filing, the clerk of district court checks for related cases. If a related case exists, the new matter is filed in the department that already has the related case. |
| Law and motion calendar | The 4th Judicial District's local rules name probate proceedings on law and motion day for uncontested matters. A written request to the scheduling clerk is required at least 24 hours before the hearing date, and matters expected to exceed 20 minutes are not placed on that calendar. |
| No scheduling order unless contested | The district's local rules list probates among matters that do not require a scheduling order unless the case becomes contested. |
| Department number on later filings | After the opening document, later papers must show the department number directly above the cause number. |
| Generative artificial intelligence certification | A filer who used generative artificial intelligence to prepare a filed document must disclose the tool, explain how it was used and certify that citations and factual statements were checked. |
| Orders by email | The local rules let the clerk of district court send copies of orders and minute entries by email to a party who gives the office an email address for that purpose, which can help an out-of-area personal representative. |
| Standing masters | The 4th Judicial District has three standing masters listed by courts.mt.gov. Its local rules include a standing order that lets a district judge refer a case to a standing master at the judge's discretion, with written objections due within 10 days after service of a dispositive order. |
| Several offices in one building | The clerk of district court, the Justice Court and the Clerk and Recorder are all connected to the Missoula County Courthouse at 200 West Broadway. Estate filings go to the clerk of district court, not to the Justice Court and not to the Clerk and Recorder. |
| Missoula County Self-Help Center | The Missoula County Self-Help Center is a Montana Supreme Court service in Room 206 at 200 West Broadway. It can direct people to legal information and forms, but it does not give legal advice or represent anyone in court. See courts.mt.gov. |
Recent updates
| Change | Date |
|---|---|
| The 4th Judicial District Court's Rules of Practice, Forms and Orders for Missoula and Mineral Counties were revised. They divide the court into five departments, allocate matters in random numerical rotation, name probate proceedings on law and motion day, require a copy of the will attached and the original filed with the clerk in a will case, and require generative artificial intelligence disclosure and certification when used for a filed document. | Revised October 31, 2025 |
| The Montana Judicial Branch electronic filing court policy lists Missoula County District Court among district courts enabled for e-filing and lists probate among enabled case types, while stating that e-filing is not yet enabled for use by self-represented litigants at any court. See courts.mt.gov. | As of July 30, 2026 |
| Missoula County District Court converted to the state's FullCourt Enterprise case management system, which is why its records are among those connected to the Montana District Court Public Access Portal described by the Judicial Branch. | June 2018 |
| Missoula County's district court pages now live under www.missoulacounty.gov/departments/district-court/. | August 2026 |
Scenarios
| Scenario | Likely Missoula County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | A surviving spouse who co-owned the Missoula home may find that the house is not the asset that needs court authority. The court question is what was in the decedent's sole name. If an estate must be opened, the application goes to the clerk of district court on the second floor of the Missoula County Courthouse, the clerk assigns the case among the five departments, and the clerk issues the statement of informal probate and Letters of Authority after the 120-hour rule is met (Mont. Code Ann. § 72-3-215; courts.mt.gov). | Sunset searches more than 2,300 institutions to find accounts and balances before the spouse chooses an estate settlement path. |
| Out-of-state adult child with small estate | If the parent was domiciled in Missoula County, venue is here even if the adult child lives elsewhere (Mont. Code Ann. § 72-3-112). A self-represented filer sends paper filings by mail because e-filing is not available to self-represented litigants at this time, according to courts.mt.gov. If the affidavit route under Mont. Code Ann. § 72-3-1101 fits, the affidavit is presented to whoever holds the property rather than opened as a court case. | Sunset assembles the asset picture remotely so the family can decide whether a Missoula probate filing is needed. |
| Parent settling predeceased child's estate, home must be sold | If a Missoula home must be sold through the estate, the family usually needs Letters of Authority from the District Court rather than an affidavit route for land. The petition goes to the clerk of district court, the case is assigned to a department, and any court request tied to the sale uses the local rules for written hearing requests and law and motion scheduling. | Sunset builds the asset and liability picture, including what is owed against the home, so the parent understands what the sale must clear before the estate settlement moves forward. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Missoula County Self-Help Center | A free Montana Supreme Court Court Help Program location in Room 206 at 200 West Broadway. It directs people to legal information and forms, but it does not provide legal advice or represent anyone in court. See courts.mt.gov. | 200 West Broadway, Room 206, Missoula. Phone: 406-258-3428. Email: [email protected]. Hours published for the center are Monday through Thursday, 8:30 am to 4:00 pm, closed noon to 1:00 pm. |
| Court Help Program | A statewide Montana Supreme Court service for civil, non-criminal legal problems. Its own boundary is that it cannot give legal advice or represent you in court, but can provide legal information and direct you to resources. See courts.mt.gov. | Start with the Missoula County Self-Help Center or the State Law Library location. |
| Clerk of district court in Missoula County | For filing, records and procedural questions. Clerks can provide forms and general information, but cannot choose a legal strategy or fill out forms except for a person with a disability. | (406) 258-4780. Missoula County Courthouse, second floor, 200 West Broadway, Missoula, MT 59802. |
| Montana Legal Services Association | Statewide civil legal aid intake. The organization is not a promise of probate representation, and its site currently limits voicemail returns during reduced staffing. | mtlsa.org. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association, including life and estate planning materials linked from the Judicial Branch forms page. | montanalawhelp.org |
| Montana Judicial Branch probate forms | Statewide probate forms under Wills, Trusts, Powers of Attorney, Estate Planning and Probate. | courts.mt.gov/Forms/endoflife |
| Montana State Law Library | Statewide self-help law center location connected to the Court Help Program. See courts.mt.gov. | 215 North Sanders, Helena. Phone: 406-444-9300. Email: [email protected]. |
| Montana District Court Public Access Portal | District Court public access portal described by the Judicial Branch as a courtesy rather than a required statutory service. See courts.mt.gov. | dcportal.pubcourts.mt.gov |
When to hire an attorney
Montana does not require a personal representative to hire a lawyer, and the Montana Supreme Court runs a free Court Help Program and publishes probate forms for people representing themselves. The same materials say 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. In Missoula County, counsel often makes sense when the 4th Judicial District's 80-page local rules, department-number requirements, hearing-request rules, real estate, creditor disputes or generative artificial intelligence certification issues are involved. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families identify accounts, balances and liabilities before choosing a Missoula County estate settlement path.
Generate the probate packet. Once the asset picture is clear, Sunset helps assemble the information needed for the Montana Judicial Branch forms and the Missoula County clerk of district court filing.
Find a local probate attorney. If the estate involves a home sale, contested family issues, creditor problems or a formal probate petition, Sunset can connect the family with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement process, understand the next filing step and decide when local legal help is worth bringing in.
Frequently asked questions
Where do I file probate in Missoula County, Montana?
File with the clerk of district court on the second floor of the Missoula County Courthouse at 200 West Broadway, Missoula, MT 59802, or by mail to the Clerk of District Court at the same address. Montana probate is filed in the district court, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Which judicial district is Missoula County in?
Missoula County is in Montana's 4th Judicial District, which covers Missoula and Mineral Counties (Mont. Code Ann. § 3-5-101). A Missoula County estate is filed with the Missoula County clerk of district court in Missoula, not with the Mineral County clerk of district court in Superior.
How much does it cost to open a probate in Missoula County?
The probate commencement amount is $100.00, current under the 2025 Montana Code. It is 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). The amount is set by statute and Missoula County publishes no local schedule changing it.
Can I file probate online in Missoula County?
Not if you are filing without a lawyer. 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. Attorneys may use the statewide electronic filing system where the court and case type are enabled, and courts.mt.gov lists Missoula County District Court as enabled for probate case types.
Are there local probate forms for Missoula County?
Missoula County publishes no county-specific probate packet. The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife, including informal probate forms, the Statement of Informal Probate, Letters of Authority and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. The 4th Judicial District's local rules attach a Request for Hearing form for matters that need the law and motion calendar.
How soon after death can informal probate issue in Missoula County?
The clerk of district court cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). For informal appointment involving a decedent who was not a Montana resident, the clerk waits 30 days instead (Mont. Code Ann. § 72-3-225).
Will there be a hearing in a Missoula County probate?
Informal probate is handled by the clerk of district court on the papers when the application meets the statutory requirements. Formal probate proceedings are conducted before the district judge with notice to interested persons, and Montana provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-307). In the 4th Judicial District, a probate proceeding that needs a hearing goes on a department's law and motion calendar only by written request to the scheduling clerk at least 24 hours ahead under the local rules.
Can I appear by video or telephone in a Missoula County probate hearing?
Whether a video or telephone appearance is permitted in a Missoula County probate matter is decided by the district judge under the 4th Judicial District's local rules. Montana has no statewide rule giving a party a right to appear that way. A district court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). The 4th Judicial District's local rules state that its courtrooms are video-conferencing capable and that the court uses Zoom for audio-video conferencing during hearings, with local rules for identification and permission.
How do I look up a probate case in Missoula County?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov. Missoula County District Court converted to FullCourt Enterprise in June 2018, and courts.mt.gov describes the public access portal as a courtesy rather than a required statutory service. A Missoula County probate case number begins with DP-32, followed by the year and the case number. The clerk can also perform a record search for $2 per name per year for the first 7 years and $1 per name per year after that, current under Mont. Code Ann. § 25-1-201 in the 2025 code.
Do I have to travel to Missoula to settle a Missoula County estate?
Not always. Venue follows the decedent's domicile, so a Missoula County estate is filed in Missoula even if the family lives elsewhere (Mont. Code Ann. § 72-3-112). A self-represented filer can mail papers to the Clerk of District Court, 200 West Broadway, Missoula, MT 59802, and the 4th Judicial District's local rules let the clerk send copies of orders and minute entries by email to a party who provides an address for that purpose. If a hearing is needed, ask the clerk what the assigned department requires under the local rules.
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.