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Teton County, MT Probate Information
Quick facts
| Topic | Teton County information |
|---|---|
| Court | The Teton County District Court, the Montana 9th Judicial District Court sitting in Teton County. |
| Courthouse address | The county courthouse in Choteau, 1 Main Avenue South, Choteau, MT 59422. |
| Mailing address | PO Box 487, Choteau, MT 59422. |
| Phone | (406) 466-2909, clerk of district court. |
| Fax | (406) 466-2910. Ask the clerk before sending anything by fax. |
| TTY and TDD | (406) 466-3976. |
| Hours | Office hours are not published by the court or the county. Call (406) 466-2909 to confirm the counter's hours and any filing cutoff before travelling. Teton County is on Mountain Time. |
| Filing fee | $100.00 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). Teton County's clerk of district court fee schedule, updated December 8, 2025, prints the same $100.00. Confirm the current amount with the clerk of district court in Teton County before you file. |
| Local forms | Teton County publishes no probate form of its own. Use the Montana Judicial Branch statewide probate forms at https://courts.mt.gov/Forms/endoflife, and ask the clerk whether the 9th Judicial District wants any local cover sheet. |
| E-filing | The Montana Judicial Branch states at courts.mt.gov 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. An attorney may e-file because the Judicial Branch's court policy as of July 30, 2026 lists Teton County District Court and Probate (DP) as enabled (Montana Temporary Electronic Filing Rules, AF 14-0745). |
| Case search | Montana publishes a District Court Public Access Portal at https://dcportal.pubcourts.mt.gov, through courts.mt.gov, where records from district courts that have converted to the state's FullCourt Enterprise case management system can be searched. Teton County District Court converted in July 2024. The Judicial Branch describes the public access portal as a courtesy rather than a required statutory service. The clerk also performs a record search for $2 per name per year for up to 7 years, then $1 per additional year (Mont. Code Ann. § 25-1-201). |
| Remote appearance | Whether you can appear by video or telephone in a Teton County probate matter is decided by the district judge under the 9th Judicial District's own local rules. Montana has no statewide rule giving a party a right to appear remotely. Montana district courts may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk of district court in Teton County what the 9th Judicial District requires. |
| Judicial district | Teton County is in Montana's 9th Judicial District with Pondera, Toole and Glacier Counties (Mont. Code Ann. § 3-5-101). The district groups judges and local rules; a Teton County estate is filed in Choteau. |
| Websites | Judicial Branch district page: https://courts.mt.gov/CourtLocator/9thJudicialDistrict. County clerk of district court page: https://tetoncountymt.gov/clerk-of-district-court/. |
Before you begin — know the assets and liabilities
Before you choose a filing path, identify the assets, debts, heirs and devisees, and check how each account and parcel is titled. In Teton County, the clerk of district court takes the filing and can check a filing for signatures, notarization, the correct county name and the case number, but the clerk cannot fill out the forms, tell you what to change, or give legal advice. For smoother estate settlement, arrive with a complete packet.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions for accounts and assets, organize what is probate property, and decide whether a filing in Choteau is needed before paying the filing fee or ordering certified copies.
Which court handles jurisdiction
Probate for Teton County is filed with the clerk of district court at the county courthouse in Choteau, 1 Main Avenue South, Choteau, MT 59422, with mail to PO Box 487, Choteau, MT 59422. The Teton County District Court serves Choteau, the county seat, along with Bynum, Dutton, Fairfield, Pendroy and Power.
Teton County is one of four counties in Montana's 9th Judicial District, with Pondera, Toole and Glacier Counties (Mont. Code Ann. § 3-5-101). A judicial district groups district judges and local rules; it does not move the filing counter. The district judge is chambered in Shelby, in Toole County, and travels the district, but a Teton County estate is filed and kept in Choteau.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had 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).
The District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 3-5-302). Montana has no county-level court for estate filings and no separate court only 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, 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
- Identify probate assets, debts, heirs and devisees before choosing a route. Check whether accounts, vehicles or land pass by survivorship or beneficiary designation before starting estate settlement in the Teton County District Court.
- Choose the opening paper. Informal probate uses an application to the clerk of district court. Formal probate uses a petition for formal testacy or appointment with notice to interested persons (Mont. Code Ann. § 72-3-301). Use the Montana Judicial Branch statewide probate forms at https://courts.mt.gov/Forms/endoflife because Teton County publishes no probate form of its own.
- File with the clerk of district court in Choteau. Deliver the application or petition to 1 Main Avenue South, Choteau, MT 59422, or mail it to PO Box 487, Choteau, MT 59422. Call (406) 466-2909 first because office hours, filing cutoffs, payment methods and copy requirements are not published.
- Pay the commencement charge. The current Teton County clerk of district court fee schedule, updated December 8, 2025, prints $100.00 to commence a formal, informal or ancillary probate, matching the $70 statutory probate fee, $20 additional filing fee and $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- Let the clerk review the informal application if you are using informal probate. 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 after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215). For informal appointment, the clerk acts under Mont. Code Ann. § 72-3-225.
- Qualify before using the Letters. Before receiving letters, the personal representative files any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The Judiciary's forms at courts.mt.gov call the authority document Letters of Authority.
- Handle any court setting. The clerk's calendar page says district court in Teton County convenes twice per month, on a law and motion day, or when the district judge sets a matter. Scheduling and hearing-day questions are governed by the 9th Judicial District's own local rules, so ask the clerk of district court. Whether you can appear by video or telephone is decided by the district judge under those local rules, and Mont. R. Civ. P. 43(a) permits testimony by contemporaneous transmission only for good cause in compelling circumstances.
- Publish notice to creditors after appointment. The personal representative publishes notice once a week for 3 successive weeks in a newspaper of general circulation in the county, giving creditors 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- Administer the estate. Collect property, pay allowed claims, keep records, and prepare the inventory within 9 months after appointment, listing probate property with reasonable detail and fair market value (Mont. Code Ann. § 72-3-607).
- Distribute and close. After the estate is administered, complete the closing steps that fit the case, order certified copies if a bank or title company asks for them, and keep the Teton County clerk's contact information available until estate settlement is finished.
Forms and documents
Probate forms in Teton County
Teton County publishes no probate form or local cover sheet of its own. Use the Montana Judicial Branch statewide probate forms at https://courts.mt.gov/Forms/endoflife, and ask the clerk of district court whether the 9th Judicial District wants any local cover sheet with your filing.
The statewide forms page is filed under a heading that covers wills, trusts, powers of attorney, estate planning and probate. For probate, it includes the How to Administer a Small Estate Packet, the Affidavit for Collection of Personal Property Packet, the Affidavit of Death and the Fiduciary Statement.
The How to Administer a Small Estate Packet includes an application for informal probate, the statement of informal probate, the Letters of Authority, the acceptance of appointment and the notice to heirs and devisees. The Judiciary's own packet says the judge or the clerk of court signs the statement of informal probate and the Letters of Authority if the application is approved, and the forms are available through courts.mt.gov.
The Affidavit for Collection of Personal Property Packet relates to collection of personal property by affidavit under Mont. Code Ann. § 72-3-1101. If you are unsure whether that route fits, ask the clerk for forms and procedural information, but get legal advice from an attorney if you need help choosing a legal strategy.
Fees
Teton County's clerk of district court publishes a fee schedule, updated December 8, 2025, that matches the Montana fee statutes. The probate commencement amount is statewide, but these are the counter costs a Teton County filer is likely to meet when opening a probate or ordering certified copies (Mont. Code Ann. § 25-1-201).
| Item | Amount | Why it matters |
|---|---|---|
| Probate commencement | $100.00 | Current as of the Teton County fee schedule updated December 8, 2025. The amount is the $70 probate fee, plus 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). |
| Certification with seal | $2 | Current as of the Teton County fee schedule updated December 8, 2025. Banks, title companies and other holders often ask for certified copies of the Letters (Mont. Code Ann. § 25-1-201). |
| Paper copies | $1 per page for the first ten pages, then 50 cents per page | Current as of the Teton County fee schedule updated December 8, 2025. Use this when estimating the cost of copies from the file (Mont. Code Ann. § 25-1-201). |
| Electronic copies | 25 cents per page | Current as of the Teton County fee schedule updated December 8, 2025. This is the statutory electronic copy charge (Mont. Code Ann. § 25-1-201). |
| Record search | $2 per name per year for up to 7 years, then $1 per name per additional year | Current as of the Teton County fee schedule updated December 8, 2025. This is the in-person alternative when the online case search at courts.mt.gov does not answer the question (Mont. Code Ann. § 25-1-201). |
| Oath and jurat with seal | $1 | Current as of the Teton County fee schedule updated December 8, 2025. This may matter when a document must be sworn before filing (Mont. Code Ann. § 25-1-201). |
If the filing fee is a barrier, ask the clerk about the Montana court fee waiver form at courts.mt.gov. Mont. Code Ann. § 3-1-317 allows waiver of the user surcharge on the statutory inability-to-pay finding.
Local nuance
Teton County-specific considerations
| Local point | What it means for a Teton County estate |
|---|---|
| Four counties, one district judge, four filing counters | Teton County is in Montana's 9th Judicial District with Pondera, Toole and Glacier Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Shelby, in Toole County, and travels the district. A Teton County estate is still filed with the clerk of district court at 1 Main Avenue South in Choteau. |
| Twice-monthly court cadence | The clerk's calendar page says district court in Teton County convenes twice per month, on a law and motion day, or when the district judge sets a matter. Scheduling and hearing-day questions are governed by the 9th Judicial District's own local rules, so ask the clerk of district court before planning travel. |
| Standing master scope | The 9th Judicial District has a district standing master serving all four counties, as shown on courts.mt.gov. The referred work listed for that role is family law, child protection, and guardianship and conservatorship matters, so a decedent's estate stays before the district judge unless the judge refers it. |
| Paper filing for families | 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 in Choteau, while an attorney may e-file because Teton County District Court and Probate (DP) are enabled under the July 30, 2026 court policy. |
| Local fee information | Teton County's clerk of district court fee schedule, updated December 8, 2025, prints the same $100.00 probate commencement charge set by statute, along with certification, copy and record search charges (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Call before travelling | Office hours are not published. Call (406) 466-2909 to confirm counter hours and any filing cutoff. The office also publishes TTY and TDD at (406) 466-3976. |
Recent updates
| Date | Local update |
|---|---|
| December 8, 2025 | Teton County's clerk of district court updated its fee schedule, which prints $100.00 to commence a formal, informal or ancillary probate and lists the office's certification, copy and record search charges (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| July 2024 | Teton County District Court converted to the state's FullCourt Enterprise case management system, the system connected to the Montana District Court Public Access Portal described on courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Teton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. If the home and accounts pass by survivorship or beneficiary designation, a court filing may not be needed for those assets. If the house must pass through the estate, file an application for informal probate with the clerk of district court in Choteau and pay the $100.00 commencement fee current as of the December 8, 2025 Teton County fee schedule (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). | Sunset helps identify accounts, title patterns and beneficiary designations before the family starts estate settlement at the courthouse. |
| Out-of-state adult child with a small estate | If the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, and 30 days have elapsed since death, the Affidavit for Collection of Personal Property is presented to whoever holds the property, not filed with the court (Mont. Code Ann. § 72-3-1101). If Letters of Authority are needed instead, mail the paper application to PO Box 487, Choteau, MT 59422, and call (406) 466-2909 first because hours and payment methods are not published. | Sunset helps decide whether the family can collect assets directly or needs Letters of Authority, then organizes the filing packet and attorney questions. |
| Parent settling a predeceased child's estate, home must be sold | Open the estate with the clerk of district court in Choteau so the personal representative can receive Letters of Authority, using the statewide forms at https://courts.mt.gov/Forms/endoflife. The clerk's calendar page says district court in Teton County convenes twice per month, on a law and motion day, or when the district judge sets a matter. Scheduling and hearing-day questions are governed by the 9th Judicial District's own local rules, so ask the clerk of district court. After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks, giving creditors 4 months after first publication (Mont. Code Ann. § 72-3-801). | Sunset helps find assets, prepare the probate packet, and connect the family with a probate attorney when a house sale, creditor period or formal dispute makes the estate settlement harder. |
Self-help resources
There is no staffed Self-Help Law Center in Teton County. For a filing in Choteau, use the statewide Court Help Program at courts.mt.gov and the State Law Library Self-Help Law Center in Helena, and remember that the Court Help Program cannot give legal advice or represent you in court.
| Resource | How it helps |
|---|---|
| Clerk of district court in Teton County | 1 Main Avenue South, Choteau, MT 59422, with mail to PO Box 487, Choteau, MT 59422. Phone (406) 466-2909. Fax (406) 466-2910. TTY and TDD (406) 466-3976. The office keeps this county's district court probate and estate records and takes the filing that opens an estate. It can give forms and check signatures, notarization, the correct county name and case number, but it cannot fill out forms, tell you what to correct, or give legal advice. |
| Teton County District Court calendar | https://tetoncountymt.gov/clerk-of-district-court/district-court-calendar/. The clerk's calendar page says district court in Teton County convenes twice per month, on a law and motion day, or when the district judge sets a matter. Scheduling and hearing-day questions are governed by the 9th Judicial District's own local rules, so ask the clerk of district court. |
| Teton County clerk of district court fee schedule | https://tetoncountymt.gov/clerk-of-district-court/fee-schedule/. The county's fee schedule, updated December 8, 2025, prints the $100.00 probate commencement charge and copy, certification and record search charges (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Montana 9th Judicial District court page | https://courts.mt.gov/CourtLocator/9thJudicialDistrict. The Judicial Branch page for the district lists the clerk of district court for each of the four counties and shows that the district judge and standing master sit in Shelby. |
| Montana Judicial Branch probate forms | https://courts.mt.gov/Forms/endoflife. The statewide probate forms include the How to Administer a Small Estate Packet, the Affidavit for Collection of Personal Property Packet under Mont. Code Ann. § 72-3-1101, the Affidavit of Death and the Fiduciary Statement. |
| Court Help Program | https://courts.mt.gov/SelfHelp/, phone (406) 841-2975. The program is statewide and civil, but it cannot give legal advice or represent you in court. |
| Montana State Law Library Self-Help Law Center | 215 N Sanders, Helena, phone (406) 444-9300, [email protected]. This is the Court Help Program center to name for a county with no local center, and the Court Help Program cannot give legal advice or represent you in court. |
| Montana District Court Public Access Portal | https://dcportal.pubcourts.mt.gov, published through courts.mt.gov/Courts/portals. Teton County District Court converted to FullCourt Enterprise in July 2024. The Judicial Branch describes the public access portal as a courtesy rather than a required statutory service. |
| Montana Legal Services Association | https://www.mtlsa.org/ and https://www.mtlsa.org/apply-for-services/. HelpLine 1-800-666-6899. The organization publishes reduced hours of Tuesday through Thursday, 9:00 am to 1:00 pm, and screening depends on income and legal problem. Do not assume it will take an estate administration matter. |
| State Bar of Montana lawyer referral information service | The Judicial Branch lists the State Bar of Montana lawyer referral information service, phone (406) 449-6577, as an attorney resource for finding legal help. |
| MontanaLawHelp.org | https://www.montanalawhelp.org. Montana Legal Services Association's public self-help library includes life and estate planning information. |
When to hire an attorney
Montana does not require every personal representative to hire a lawyer, and the Montana Judicial Branch publishes statewide probate forms at https://courts.mt.gov/Forms/endoflife for people representing themselves. The Court Help Program at courts.mt.gov can provide legal information but cannot give legal advice or represent you in court. In Teton County, counsel makes sense when there is a contest, a business or agricultural interest, a home sale, creditor trouble, or a formal proceeding before the district judge. The State Bar of Montana lawyer referral information service, phone (406) 449-6577, can help a family look for an attorney, and Montana Legal Services Association at https://www.mtlsa.org/ has HelpLine 1-800-666-6899 without promising it will take estate administration. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, helps organize accounts, debts, real property and beneficiary information, and gives the family a clearer starting point before deciding whether a Teton County probate filing is needed.
Generate the probate packet. Sunset turns the asset picture into an estate settlement checklist and helps assemble the information needed for Montana's statewide probate forms at https://courts.mt.gov/Forms/endoflife, including the details the clerk of district court will expect to see in Choteau.
Find a local probate attorney. When the estate involves a house sale, family disagreement, business or agricultural property, creditor issues, or a formal probate hearing, Sunset helps connect the family with a vetted probate attorney who understands Montana district court practice.
Sunset is free for families. Sunset is free to use, and its goal is to make estate settlement less confusing before the family pays filing fees, orders certified copies, or makes a trip to the Teton County Courthouse.
Frequently asked questions
Where do I file probate in Teton County?
File with the clerk of district court at the Teton County District Court, 1 Main Avenue South, Choteau, MT 59422, or mail the filing to PO Box 487, Choteau, MT 59422. Probate is filed in the district court because the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Do I file in Choteau or in Shelby, where the judge sits?
File in Choteau. Teton County is in Montana's 9th Judicial District with Pondera, Toole and Glacier Counties (Mont. Code Ann. § 3-5-101), and the district judge is chambered in Shelby, but the filing counter for a Teton County estate is the clerk of district court in Choteau.
What does it cost to open an estate in Teton County?
$100.00 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). Teton County's clerk of district court fee schedule, updated December 8, 2025, prints the same $100.00. Confirm the current amount with the clerk of district court in Teton County before you file.
What are the clerk's hours in Choteau?
The court and county do not publish office hours for the clerk of district court. Call (406) 466-2909 to confirm the counter's hours and any filing cutoff before travelling. Teton County is on Mountain Time, and the office also publishes TTY and TDD at (406) 466-3976.
Can I file electronically?
The Montana Judicial Branch states at courts.mt.gov 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. An attorney may e-file because the Judicial Branch's court policy as of July 30, 2026 lists Teton County District Court and Probate (DP) as enabled (Montana Temporary Electronic Filing Rules, AF 14-0745).
Will there be a hearing, and when does district court sit in Teton County?
Many informal probate matters are handled by the clerk of district court without a hearing when the statutory findings are met and at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). The clerk's calendar page says district court in Teton County convenes twice per month, on a law and motion day, or when the district judge sets a matter. Scheduling and hearing-day questions are governed by the 9th Judicial District's own local rules, so ask the clerk of district court.
Can I appear by video or telephone?
Whether you can appear by video or telephone in a Teton County probate matter is decided by the district judge under the 9th Judicial District's own local rules. Montana has no statewide rule giving a party a right to appear remotely. Montana district courts may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk of district court in Teton County what the 9th Judicial District requires.
How do I look up a Teton County probate case?
Montana publishes a District Court Public Access Portal at https://dcportal.pubcourts.mt.gov, through courts.mt.gov, where records from district courts that have converted to FullCourt Enterprise can be searched. Teton County District Court converted in July 2024. The public access portal is described as a courtesy rather than a required statutory service, so call the clerk if you need to confirm what is available. The clerk also performs a record search for $2 per name per year for up to 7 years and $1 per additional year (Mont. Code Ann. § 25-1-201).
Do I have to travel to Montana to settle the estate?
Not always. If the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, and 30 days have elapsed since the death, the Affidavit for Collection of Personal Property is presented to whoever holds the property, not filed with the court (Mont. Code Ann. § 72-3-1101). If Letters of Authority are needed, a paper application may be mailed to the clerk, but call (406) 466-2909 first to ask about hours, payment and copies. If a hearing is set, ask the clerk what the 9th Judicial District's local rules require for any request to appear by telephone or video.
Does Montana have an inheritance tax or estate tax for a Teton County estate?
Montana has no inheritance tax and no estate tax on a current death, and the Department of Revenue no longer issues a certificate or consent to close probate, according to revenue.mt.gov. An estate may still owe federal tax and may still have to file a Montana income tax return for the estate.
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.