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Park County, MT Probate Information
Quick facts
| Item | Park County details |
|---|---|
| Court | Park County District Court, Montana's 6th Judicial District (Mont. Code Ann. § 3-5-101) |
| Clerk of district court | Clerk of district court in Park County |
| Courthouse address | 414 E. Callender Street, Room #106, upstairs, Livingston, MT 59047 |
| Mailing address | PO Box 437, Livingston, MT 59047 |
| Phone | (406) 222-4125 |
| Fax | (406) 222-4128 |
| Hours | Monday through Friday, 8:00 am to 5:00 pm. Call the clerk before you travel. |
| Filing fee | $100.00 under the 2025 MCA to commence a probate, formal or informal or ancillary, paid to the clerk of district court. 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). |
| Probate forms | Statewide Montana Judicial Branch probate forms are posted at https://courts.mt.gov/Forms/endoflife. Ask the Park County clerk of district court whether any local cover sheet or setting request is needed. |
| E-filing status | 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 (courts.mt.gov, Montana Temporary Electronic Filing Rules). |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through https://courts.mt.gov/Courts/portals. Park County District Court converted to FullCourt Enterprise in October 2020. Call the clerk to confirm what is available for a Park County probate case. |
| Remote appearance | Ask the clerk what the 6th Judicial District local rules and the district judge require. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Court website | https://www.parkcountymt.gov/Government-Departments/CLERK-OF-COURT/ and https://courts.mt.gov/CourtLocator/6thJudicialDistrict |
Before you begin — know the assets and liabilities
Before you choose a Park County probate path, make a working list of the decedent's accounts, real estate, vehicles, debts, digital accounts and beneficiary designations. Estate settlement is much smoother when you know which assets actually need the District Court and which may pass another way.
Sunset's estate settlement tools can help search more than 2,300 financial institutions for accounts and assets, then organize what you find for the Park County clerk of district court, a Montana attorney, or the people who inherit.
Which court handles jurisdiction
Probate for Park County is filed with the clerk of district court at the county courthouse in Livingston. Park County is one of the two counties in Montana's 6th Judicial District, with Sweet Grass County, which is how district judges and the district court's local rules are assigned; the case itself is filed at Park 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). Montana's District Court has exclusive jurisdiction of all probate matters and original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302).
Park County's limited-jurisdiction courts listed for Livingston include a Justice of the Peace and a City Judge at 414 East Callender Street. Those courts do not receive estate filings; Justice Court civil authority is limited by statute and City Court authority is tied to Justice Court criminal matters, not probate (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the right filing track. Use an application for informal probate or informal appointment with the clerk of district court when the matter fits the informal process; use a petition for formal probate when a district judge must resolve the matter with notice (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the Montana Judicial Branch forms from https://courts.mt.gov/Forms/endoflife and add the Park County caption. The statewide packet includes the Statement of Informal Probate and Letters of Authority, and the clerk of district court or the district judge signs the authority documents when the application is approved (courts.mt.gov; Mont. Code Ann. § 72-3-215).
- File at the clerk of district court in Park County, 414 E. Callender Street, Room #106, upstairs, Livingston, MT 59047, or mail to PO Box 437, Livingston, MT 59047. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time (courts.mt.gov).
- Pay the $100.00 filing fee under the 2025 MCA unless the court grants a waiver. The $100.00 total is based on Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- Wait for authority to issue. In an informal proceeding the clerk of district court makes the findings required by statute, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- If the case is formal, follow the notice and hearing instructions from the district judge. Formal probate is opened by petition and proceeds before the district judge with notice to interested persons (Mont. Code Ann. § 72-3-301).
- Ask the clerk how any hearing or remote appearance request is handled under the 6th Judicial District 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)).
- After appointment, administer and close the estate. Publish notice to creditors once a week for 3 successive weeks, with claims generally due within 4 months after the first publication, subject to the outer bar in Mont. Code Ann. § 72-3-803 (Mont. Code Ann. § 72-3-801). Prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), then complete distribution and any closing steps that apply.
Forms and documents
Probate forms in Park County
Start with the Montana Judicial Branch forms page for wills, estate planning and probate at https://courts.mt.gov/Forms/endoflife. The probate materials include an Affidavit of Death, the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the How to Administer a Small Estate Packet under Mont. Code Ann. § 72-3-1101, and a Fiduciary Statement.
For a Park County case, put the Park County District Court caption on your documents and file with the clerk of district court in Park County in Livingston. Before filing, call the clerk at (406) 222-4125 to ask whether the judge requires any Park County cover sheet, proposed order format, or setting request for your situation.
Local nuance
Park County-specific considerations
| Local point | Why it matters |
|---|---|
| Two-county judicial district | Park County shares Montana's 6th Judicial District with Sweet Grass County, but Park County filings still go to the clerk of district court in Park County in Livingston (Mont. Code Ann. § 3-5-101). |
| Judge chambered in Livingston | The 6th Judicial District judge is chambered at 414 East Callender Street in Livingston, the same City/County Complex where the clerk's office for Park County is located. That does not change where you file, but it answers a common travel question for Park County families. |
| Limited-jurisdiction courts in the same building | The Livingston Justice of the Peace and City Judge are listed at the same street address, but they do not receive probate filings. Use the clerk of district court for estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102). |
Recent updates
| Date | Update |
|---|---|
| October 2020 | Park County District Court converted to FullCourt Enterprise, the case management system referenced by the Montana Judicial Branch for District Court public access through courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Park County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | First identify whether the home and accounts pass outside the probate estate or whether a Park County District Court appointment is needed. If a personal representative is needed, file the application or petition with the clerk of district court in Park County in Livingston. | Sunset helps organize title clues, account information, debts and beneficiary designations so the spouse and any attorney can choose the narrowest estate settlement path. |
| Out-of-state adult child w/ small estate | If only personal property needs collection and the Montana affidavit route applies, the child may use the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101. If appointment is needed, mail or file the Park County paperwork with the clerk in Livingston and confirm any hearing or remote appearance process under local rules. | Sunset helps find accounts, prepare a document checklist and connect the child with Park County filing information before travel is planned. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires authority from a personal representative, so the parent should expect a Park County District Court appointment rather than relying only on a personal-property affidavit. Formal probate may be needed if priority, heirs, title, or notice issues are disputed. | Sunset helps assemble asset details, mortgage and lien information, creditor information and attorney-ready summaries for the estate settlement. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free statewide civil self-help information. The program can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | https://courts.mt.gov/SelfHelp/; (406) 841-2975 |
| State Law Library Self-Help Law Center | Use this statewide self-help law center if you need help finding forms or understanding court information. It is not a substitute for legal advice. | 215 N Sanders, Helena; (406) 444-9300; [email protected]; courts.mt.gov |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter; use it as an intake and referral starting point. | https://www.mtlsa.org; 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. | https://www.montanalawhelp.org |
| Clerk of district court in Park County | The clerk can provide court information, public case information, forms and instructions, but court staff cannot give legal advice or fill out forms for you except for persons with disabilities. | 414 E. Callender Street, Room #106, Livingston; (406) 222-4125 |
When to hire an attorney
Consider a Montana probate attorney if the will is disputed, heirs disagree, the estate includes real estate that must be sold, creditor claims are uncertain, a formal probate petition with notice is needed, or you are administering the estate from outside Montana. Court staff and the Court Help Program can provide information, but they cannot give legal advice or represent you in court. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across financial institutions and helps families build a clearer asset picture before they file in Park County. That helps prevent missed accounts, duplicate work and avoidable estate settlement delays.
Generate the probate packet. Sunset turns the information you gather into an organized probate packet for the clerk of district court in Park County, your family, and any attorney you choose to work with.
Find a local probate attorney. When the estate needs legal advice, a real estate sale, formal probate, or help with disputes, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, preserve key information and understand next steps without paying Sunset for the basic service.
Frequently asked questions
Where do I file probate in Park County, Montana?
File with the clerk of district court in Park County at 414 E. Callender Street, Room #106, upstairs, Livingston, MT 59047. Mail may be sent to PO Box 437, Livingston, MT 59047. The clerk's phone number is (406) 222-4125.
Is Park County probate handled in Montana's 6th Judicial District?
Yes. Park County is in Montana's 6th Judicial District with Sweet Grass County (Mont. Code Ann. § 3-5-101). Park County filings still go to the clerk of district court in Park County in Livingston.
Can I e-file a Park County probate case if I am representing 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. Attorneys may e-file only where the court and the case type are enabled (courts.mt.gov; Montana Temporary Electronic Filing Rules).
What is the Park County probate filing fee?
The probate commencement filing fee is $100.00 under the 2025 MCA. It includes 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). Confirm the current amount with the clerk before filing.
Can I look up a Park County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through https://courts.mt.gov/Courts/portals. Park County District Court converted to FullCourt Enterprise in October 2020, but the Judicial Branch describes the portal as a courtesy rather than a required statutory service, so call the clerk to confirm what is available for a Park County case.
Does Park County have its own probate forms?
Start with the statewide Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife. For Park County, call the clerk at (406) 222-4125 before filing to ask whether any local cover sheet, proposed order format, or setting request is needed.
Will I have to travel outside Livingston for a Park County probate hearing?
The Park County filing office is in Livingston, and the 6th Judicial District judge is also chambered at 414 East Callender Street in Livingston. Whether a hearing is set, and whether any appearance by phone or video is allowed, is decided under the 6th Judicial District local rules and the district judge's instructions; Montana permits testimony by contemporaneous transmission only for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How soon can informal probate issue in Park County?
In an informal proceeding, the clerk of district court may issue the written statement of informal probate only after at least 120 hours have elapsed since the decedent's death, if the statutory findings are met (Mont. Code Ann. § 72-3-215). Informal appointment of a personal representative follows the related clerk process in Mont. Code Ann. § 72-3-225.
Does Montana have inheritance tax or estate tax for a Park County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue states that the inheritance tax reaches no death after January 1, 2001, the estate tax reaches no death after December 31, 2004, and the Department no longer issues a certificate or consent to close probate; an estate may still owe federal tax or need a Montana income tax return for the estate (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.