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Silver Bow County, MT Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Silver Bow County District Court, Montana's 2nd Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | Courthouse, Room 313, 155 W. Granite St., Butte, MT 59701 |
| Mailing | Use the courthouse address unless the Clerk of District Court gives you a different mailing instruction. |
| Phone | (406) 497-6350 |
| Fax | (406) 497-6358 |
| [email protected] | |
| Hours | The Clerk of District Court page publishes narrower service windows for passports, 9:00 a.m. to 4:00 p.m., and marriage licenses, 8:00 a.m. to 4:00 p.m. Call before filing to confirm current counter hours and filing cutoffs. |
| Filing fee | $100.00 to commence a probate, current under the 2025 MCA, paid to the Clerk of District Court. The amount includes the $70 probate fee (Mont. Code Ann. § 25-1-201), the $20 additional filing fee (Mont. Code Ann. § 25-1-202), and the $10 court information technology user surcharge (Mont. Code Ann. § 3-1-317). |
| Forms | Montana Judicial Branch statewide probate forms are at courts.mt.gov/Forms/endoflife. Ask the clerk of district court in Silver Bow County whether any local cover sheet or judge-copy practice applies. |
| E-filing | The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. Attorneys may use electronic filing only where the court and case type are enabled under the Montana Temporary Electronic Filing Rules. |
| Case search | Montana publishes a District Court public access portal through courts.mt.gov for courts using FullCourt Enterprise. Butte-Silver Bow County District Court converted to FullCourt Enterprise in July 2023. Call the clerk to confirm what is available for a Silver Bow County probate case. |
| Remote appearance | Ask the clerk what the 2nd Judicial District local rules require. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | co.silverbow.mt.us/165/Clerk-of-the-District-Court and courts.mt.gov/CourtLocator/2ndJudicialDistrict |
Before you begin — know the assets and liabilities
Before you file anything in Silver Bow County, make a practical inventory of the estate: bank accounts, vehicles, real estate, debts, recurring bills, digital accounts, beneficiary designations, and anything titled in the decedent's name alone. That asset picture determines whether estate settlement needs a District Court filing, a collection process under Mont. Code Ann. § 72-3-1101, or attorney help before you go to the courthouse in Butte.
Sunset can help organize estate settlement before forms are prepared. Sunset's asset discovery searches more than 2,300 institutions so families can find accounts, insurance, and financial relationships that may otherwise be missed.
Which court handles jurisdiction
Probate for Silver Bow County is filed with the Clerk of District Court at the county courthouse in Butte. Silver Bow County is the only county in Montana's 2nd Judicial District, which is how the District Court and its local rules are assigned (Mont. Code Ann. § 3-5-101).
Montana venue is county-based: the first informal or formal testacy or appointment proceeding is filed in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, in a county where the decedent's property was located (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). A will is proved and Letters are issued by the Clerk of District Court or the district judge. Montana's courts of limited jurisdiction, including the Justice Court, City Court, and Municipal Court, do not receive estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Identify the proper county before you draft. Use Silver Bow County if the decedent was domiciled there at death, or if the decedent was not domiciled in Montana but had property there (Mont. Code Ann. § 72-3-112).
- Choose the filing path. In an informal probate, the application goes to the clerk, who makes the statutory findings and may issue the statement of informal probate after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-215). Formal probate uses a petition, notice to interested persons, and the district judge process (Mont. Code Ann. § 72-3-301).
- Prepare the Montana Judicial Branch statewide probate forms from courts.mt.gov/Forms/endoflife. The statewide packet includes the Application for Informal Probate, Statement of Informal Probate, Letters of Authority, statement of acceptance, and related documents (Mont. Code Ann. § 72-3-512).
- File with the clerk of district court in Silver Bow County at Courthouse, Room 313, 155 W. Granite St., Butte, MT 59701. Self-represented litigants file on paper because courts.mt.gov states that e-filing is not available to self-represented litigants.
- Pay the $100.00 commencement filing fee, current under the 2025 MCA. The amount is built from the $70 probate fee (Mont. Code Ann. § 25-1-201), the $20 additional filing fee (Mont. Code Ann. § 25-1-202), and the $10 court information technology user surcharge (Mont. Code Ann. § 3-1-317).
- Handle notice. After appointment, the personal representative gives notice to creditors by publication once a week for 3 successive weeks, and creditors have 4 months after the first publication to present claims (Mont. Code Ann. § 72-3-801). Other notice requirements depend on the filing path and the court's order.
- Ask the clerk how the 2nd Judicial District schedules any required hearing or judge review. Do not assume a video or telephone appearance will be allowed. Remote appearance depends on the district judge and local rules, with testimony by contemporaneous transmission governed by Mont. R. Civ. P. 43(a).
- Receive authority before acting for the estate. The personal representative must qualify by filing any required bond and a statement of acceptance before receiving letters, and the statewide court forms call the authority document Letters of Authority (Mont. Code Ann. § 72-3-512; courts.mt.gov/Forms/endoflife).
- Administer and close the estate. Prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), address valid claims under the creditor rules, transfer assets, account to interested persons as required, and use the closing procedure that fits the case.
Forms and documents
Probate forms in Silver Bow County
Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. The probate materials are listed under the Judicial Branch category for wills, trusts, powers of attorney, estate planning, and probate.
| Form or packet | Use |
|---|---|
| How to Administer a Small Estate Packet | Statewide informal probate packet. It includes the Application for Informal Probate, Statement of Informal Probate, Letters of Authority, Acceptance of Appointment, and related documents. The county page uses the Montana Title 72 process, and the small estate reference is tied to Mont. Code Ann. § 72-3-1101. |
| Affidavit for Collection of Personal Property of Decedent | Used by a claiming successor for qualifying personal property after 30 days, when the probate estate conditions in Mont. Code Ann. § 72-3-1101 are met. It is presented to the holder of the property, not opened as a District Court case. |
| Affidavit of Death | Statewide probate-related form available through the Judicial Branch forms page. |
| Fiduciary Statement | Statewide probate-related form available through the Judicial Branch forms page. |
For Silver Bow County, file estate papers with the Clerk of District Court in Room 313 of the courthouse in Butte. Ask the clerk whether the judge wants courtesy copies or any local formatting practice before you submit the packet.
Local nuance
Silver Bow County-specific considerations
Butte-Silver Bow is a consolidated city-county government, but that does not change the probate filing office. Estate papers still go to the clerk of district court in Silver Bow County at the courthouse in Butte.
Silver Bow County is a single-county judicial district, Montana's 2nd Judicial District (Mont. Code Ann. § 3-5-101). Unlike multi-county districts, the District Court judges listed for the 2nd Judicial District are chambered in Butte, so the research found no issue involving a judge located outside Silver Bow County for Silver Bow filings.
Recent updates
| Date | Update |
|---|---|
| July 2023 | Butte-Silver Bow County District Court converted to FullCourt Enterprise, according to the Montana Judicial Branch District Courts conversion list at courts.mt.gov. |
Scenarios
| Scenario | Likely Silver Bow County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the Butte or Silver Bow County property is titled and whether assets pass outside probate. If a District Court filing is needed, file with the Clerk of District Court in Butte under the venue rule (Mont. Code Ann. § 72-3-112). | Sunset helps identify accounts, debts, beneficiary designations, and title clues before the family decides what court filing is needed for estate settlement. |
| Out-of-state adult child with small estate | If only personal property needs collection and the statutory conditions are met, the Affidavit for Collection of Personal Property may be presented to the holder after 30 days under Mont. Code Ann. § 72-3-1101. If a personal representative is needed, file in Silver Bow County if venue belongs there. | Sunset organizes the asset list and helps decide whether the family needs a court packet, the Mont. Code Ann. § 72-3-1101 affidavit route, or a local attorney. |
| Parent settling predeceased child's estate, home must be sold | A sale of a home titled in the decedent's name usually means the family should be ready for a District Court appointment and Letters of Authority before dealing with title, sale documents, or buyer requirements. File at the courthouse in Butte if Silver Bow County is the proper venue (Mont. Code Ann. § 72-3-112). | Sunset helps gather account information, produce an organized probate packet, and connect the family with a Silver Bow County probate attorney when real estate or disputes make the estate settlement more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free statewide civil legal information. The program can provide legal information and direct you to resources, but courts.mt.gov states that it cannot give legal advice or represent you in court. | (406) 841-2975, courts.mt.gov/SelfHelp/ |
| Montana Judicial Branch forms page | Statewide probate forms are posted at courts.mt.gov/Forms/endoflife. | courts.mt.gov/Forms/endoflife |
| Montana Legal Services Association | Statewide civil legal services intake. Do not assume it will take a probate matter. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m., mtlsa.org |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association. | montanalawhelp.org |
| State Law Library self-help location | One of Montana's staffed self-help locations, useful for statewide court information when Silver Bow County does not list a local estate help office. | 215 N Sanders, Helena, (406) 444-9300, [email protected], courts.mt.gov |
When to hire an attorney
Consider hiring counsel when the estate includes real estate to sell, family conflict, unclear heirs, creditor disputes, a missing original will, a nonresident decedent, or assets that are hard to identify or value. Montana does not require every personal representative to hire a lawyer, but the Court Help Program cannot give legal advice or represent you in court, and complicated estate settlement can benefit from local probate counsel. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, retirement assets, debts, and other financial relationships that affect estate settlement in Silver Bow County.
Generate the probate packet. Sunset turns the family intake into an organized set of information for the Montana probate packet, including the details needed for the Clerk of District Court and the Letters of Authority process through courts.mt.gov forms.
Find a local probate attorney. When a home must be sold, a dispute is likely, or the filing path is uncertain, Sunset can help the family connect with a probate attorney familiar with Montana District Court practice.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, gather information, and decide what help they need without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Silver Bow County?
File with the clerk of district court in Silver Bow County at Courthouse, Room 313, 155 W. Granite St., Butte, MT 59701. Montana District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111), and venue usually follows the decedent's domicile at death (Mont. Code Ann. § 72-3-112).
Is Silver Bow County probate filed somewhere different because Butte-Silver Bow is consolidated?
No different estate filing office was identified. Butte-Silver Bow is a consolidated city-county government, but probate is still filed with the Clerk of District Court in the District Court under Montana Title 72.
Can I e-file a Silver Bow County probate case myself?
No. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. A self-represented personal representative files on paper with the Clerk of District Court. Attorney e-filing depends on whether the court and DP case type are enabled under the Montana Temporary Electronic Filing Rules.
How much is the Silver Bow County probate filing fee?
The probate commencement filing fee is $100.00, current under the 2025 MCA. It includes the $70 probate fee (Mont. Code Ann. § 25-1-201), the $20 additional filing fee (Mont. Code Ann. § 25-1-202), and the $10 court information technology user surcharge (Mont. Code Ann. § 3-1-317). Call the clerk before filing to confirm accepted payment methods.
Can I look up a Silver Bow County probate case online?
Montana publishes a District Court public access portal through courts.mt.gov for courts using FullCourt Enterprise. Butte-Silver Bow County District Court converted to FullCourt Enterprise in July 2023. The Judicial Branch describes portal access as a courtesy, so call the Clerk of District Court to confirm what a Silver Bow County case search will show.
Does Silver Bow County have its own probate forms?
Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. Ask the clerk of district court in Silver Bow County whether the 2nd Judicial District wants any local cover sheet, courtesy copy, or formatting step with your filing.
Will I have to attend a probate hearing in Butte?
It depends on the filing path and the judge's instructions. Informal probate is handled through an application to the clerk, who makes the findings required by statute (Mont. Code Ann. § 72-3-212, § 72-3-215). Formal probate proceeds by petition with notice (Mont. Code Ann. § 72-3-301), and Montana has a separate statute for uncontested formal matters (Mont. Code Ann. § 72-3-307).
Can I appear by phone or video for a Silver Bow County probate matter?
Ask the Clerk of District Court what the 2nd Judicial District local rules require. Montana district courts may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)), but that is not an automatic remote appearance rule.
Does an inheritance tax or estate tax apply to a Silver Bow County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue states at revenue.mt.gov that the inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not apply to deaths after December 31, 2004, and no Department of Revenue certificate or consent is required 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.