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Toole County, MT Probate Information
Quick facts
| Item | Toole County detail |
|---|---|
| Court | Toole County District Court, Montana's 9th Judicial District (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 226 First St. S., Shelby, MT 59474. |
| Mailing address | PO Box 850, Shelby, MT 59474. |
| Clerk phone | (406) 424-8330. |
| Hours | 8:00 AM to 5:00 PM, Monday through Friday. Offices are closed on federal holidays. Call the clerk to confirm filing cutoffs before you go. |
| Filing fee | $100.00 to commence probate, current under the 2025 Montana Code Annotated and made up of a $70 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 | Montana Judicial Branch probate forms are posted at courts.mt.gov/Forms/endoflife. Toole County does not publish a county-specific probate packet on its Clerk of Court page. |
| E-filing | Toole County District Court is enabled for attorney electronic filing in Probate, case type DP. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. |
| Case search | Toole County District Court converted to FullCourt Enterprise in January 2024. Montana publishes a District Court public access portal at dcportal.pubcourts.mt.gov, described on courts.mt.gov as a courtesy rather than a required statutory service. |
| Remote appearance | Ask the clerk what the 9th Judicial District's local rules require. Montana has no statewide rule giving a party a right to appear remotely, and Mont. R. Civ. P. 43(a) addresses testimony by contemporaneous transmission for good cause in compelling circumstances. |
| Court website | courts.mt.gov/CourtLocator/9thJudicialDistrict and toolecountymt.gov/clerk-of-court/. |
Before you begin — know the assets and liabilities
Before you file in Shelby, identify the assets, debts, account titles, beneficiary designations and real estate issues that drive estate settlement. The clerk of district court can accept filings and provide forms, but the clerk and staff do not give legal advice.
Sunset's 2,300-institution asset discovery helps families find accounts before choosing a court filing path. That matters in Toole County because a self-represented personal representative files on paper with the clerk, while an attorney may use electronic filing for an enabled Probate, DP, case.
Which court handles jurisdiction
Probate for Toole County is filed with the clerk of district court at the county courthouse in Shelby, 226 First St. S., Shelby, MT 59474, with mail to PO Box 850, Shelby, MT 59474.
Toole County is one of four counties in Montana's 9th Judicial District, with Teton, Pondera and Glacier Counties (Mont. Code Ann. § 3-5-101). Toole County is the district's own seat: the 9th Judicial District's single district judge is chambered in Shelby, so a Toole County estate is filed in the same county seat where any hearing before the district judge is held.
Montana does not use a county-level estate tribunal: 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, including the Justice Court (Mont. Code Ann. § 3-10-301) and City Court (Mont. Code Ann. § 3-11-102) in Shelby, do not handle estate filings.
Venue for the first informal or formal probate or appointment proceeding is in the county of 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 (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Collect the will, death certificate information, asset list, debt list and names of interested persons before starting the Toole County estate settlement filing.
- Choose the filing path. An informal probate application goes to the clerk of district court, while formal probate uses a petition with notice before the district judge.
- Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, including the small estate packet materials for informal probate and the Letters of Authority form, and ask the Toole County clerk whether the 9th Judicial District wants any local cover sheet.
- File on paper with the clerk of district court at 226 First St. S. in Shelby if you are self-represented. An attorney representing the estate may use electronic filing for Toole County Probate, DP, cases through the enabled court system described at courts.mt.gov.
- Pay the $100.00 commencement filing fee, current under the 2025 Montana Code Annotated and made up of the $70 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).
- For informal probate, wait until at least 120 hours have elapsed after death. The clerk of district court makes the statutory findings, may deny an application that does not meet them and issues the statement of informal probate and Letters when the requirements are met (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- If a formal probate hearing is needed, the district judge is chambered in Shelby for Toole County matters. Ask the clerk how notice, scheduling and any request to appear by video or telephone work under the 9th Judicial District's local rules.
- After appointment, qualify before receiving letters by filing any required bond and a statement of acceptance of duties (Mont. Code Ann. § 72-3-512).
- Administer the estate by collecting assets, paying valid claims and handling creditor notice. A personal representative publishes notice to creditors once a week for 3 successive weeks, and creditor claims are governed by the 4 months and outside bar rules in Mont. Code Ann. § 72-3-801 and § 72-3-803.
- Prepare the inventory of probate property within 9 months after appointment, including fair market value and encumbrance information, as required by Mont. Code Ann. § 72-3-607, then complete distribution and closing steps that fit the estate.
Forms and documents
Probate forms in Toole County
Use the Montana Judicial Branch probate forms posted at courts.mt.gov/Forms/endoflife. The page includes 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 when that route is relevant, the Fiduciary Statement and related estate forms.
Toole County does not publish a county-specific probate packet on its Clerk of Court page. Before filing, call the clerk of district court at (406) 424-8330 to ask whether the 9th Judicial District wants any local cover sheet or formatting step with the statewide forms.
Local nuance
Toole County-specific considerations
| Local point | What it means for a Toole County estate |
|---|---|
| The judge is in Shelby | Toole County is the seat of Montana's 9th Judicial District for the district judge. A Toole County estate is filed with the clerk in Shelby, and a hearing before the district judge does not require travel to another county (Mont. Code Ann. § 3-5-101). |
| Standing master information | The 9th Judicial District has a standing master listed through courts.mt.gov, but decedent estate matters under Title 72, chapter 3 are not listed in the referred-matters description provided for the standing master. Ask the clerk if a particular matter is referred. |
| Scheduling details | No Toole County probate hearing day is published on the county Clerk of Court page. Scheduling and requests to appear remotely depend on the 9th Judicial District's local rules and the district judge. |
Recent updates
| Update | What changed locally |
|---|---|
| January 2024 FullCourt Enterprise conversion | Toole County District Court is listed by courts.mt.gov as converted to FullCourt Enterprise in January 2024, which is relevant to District Court public access portal searching. |
| July 30, 2026 electronic filing policy | Toole County District Court is listed in the Judicial Branch court policy for attorney electronic filing with Probate, DP, among enabled case types. Self-represented litigants still file on paper because courts.mt.gov states that e-filing is not available to self-represented litigants. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Toole County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking title, account ownership and beneficiary designations. If a Toole County probate filing is needed to get authority over estate assets, file with the clerk of district court in Shelby and request Letters of Authority using the statewide forms at courts.mt.gov/Forms/endoflife. | Sunset helps identify accounts, organize documents and generate a filing packet for estate settlement. |
| Out-of-state adult child w/ small estate | If only personal property is being collected and the Mont. Code Ann. § 72-3-1101 conditions fit, the Affidavit for Collection of Personal Property of Decedent may be the first document to review. If appointment is needed, a self-represented filer files on paper with the Toole County clerk in Shelby. | Sunset helps compare the asset list to the available Montana paths and can connect the family with local counsel when court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | If no one has authority to sign for the estate, open a Toole County probate and ask for appointment as personal representative. The district judge is already chambered in Shelby, so a hearing before the district judge stays in the county seat. | Sunset helps collect asset information, prepare forms and coordinate with a vetted probate attorney if the sale or family situation is contested. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of district court in Toole County | Accepts District Court filings, maintains civil, criminal, guardianship, probate and other court records, and can help with filing and record requests. The clerk and staff are not attorneys and cannot provide legal advice. | 226 First St. S., Shelby, MT 59474. Phone: (406) 424-8330. |
| Montana Supreme Court Court Help Program | Statewide civil self-help program. The Court Help Program can provide legal information and direct people to resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/. Phone: (406) 841-2975. |
| State Law Library Self-Help Law Center | A staffed Self-Help Law Center in Helena for Montana court information and forms. Toole County does not have one of the six staffed county centers listed by courts.mt.gov. | 215 N Sanders, Helena. Phone: (406) 444-9300. Email: [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take an estate matter; use it as an intake and referral resource. | mtlsa.org/apply-for-services/. HelpLine: 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| MontanaLawHelp.org | Public self-help library associated with Montana Legal Services Association, including life and estate planning information. | montanalawhelp.org. |
When to hire an attorney
Consider counsel when the will is contested, heirs disagree, a home must be sold, creditors are active, tax filings are uncertain, or the clerk denies an informal application and formal probate with notice is needed. Montana does not require every personal representative to have a lawyer, but court staff and the Court Help Program cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate accounts, insurance, retirement assets and other property so the estate settlement plan starts with a complete picture.
Generate the probate packet. Sunset turns the information you provide into an organized Montana probate packet for review, signing and filing with the Toole County clerk of district court.
Find a local probate attorney. If the estate needs legal advice, a contested hearing, a real estate sale or a formal probate petition with notice, 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, prepare documents and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Toole County?
File with the clerk of district court at the Toole County Courthouse, 226 First St. S., Shelby, MT 59474. Mail goes to PO Box 850, Shelby, MT 59474.
Is probate in Toole County handled by the District Court?
Yes. The District Court has exclusive jurisdiction of all probate matters in Montana, and the District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302).
Can I use e-filing for a Toole County probate case?
If you are self-represented, no. Courts.mt.gov states that e-filing is not available to self-represented litigants at this time. An attorney representing the estate may use electronic filing because Toole County District Court is enabled for Probate, DP, cases under the Judicial Branch court policy.
How much is the Toole County probate filing fee?
The probate commencement filing fee is $100.00, current under the 2025 Montana Code Annotated. It is made up of a $70 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).
Does Toole County publish local probate forms?
Toole County does not publish a county-specific probate packet on its Clerk of Court page. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and call the clerk to ask whether the 9th Judicial District wants any local cover sheet.
Will I have to travel outside Toole County for a probate hearing?
A Toole County estate is filed in Shelby, and the 9th Judicial District's district judge is also chambered in Shelby. If the court sets a hearing before the district judge, a Toole County reader does not need to travel to another county for that hearing.
Can I appear by video or phone in a Toole County probate matter?
Ask the clerk what the 9th Judicial District's local rules require. Montana has no statewide right to appear remotely, and Mont. R. Civ. P. 43(a) permits testimony by contemporaneous transmission only for good cause in compelling circumstances.
How do I look up a Toole County probate case?
Montana publishes a District Court public access portal at dcportal.pubcourts.mt.gov, described at courts.mt.gov as a courtesy rather than a required statutory service. Toole County District Court converted to FullCourt Enterprise in January 2024. Call the clerk to confirm what is available for a particular case.
Does Montana have inheritance tax or estate tax for a Toole County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue states at revenue.mt.gov that 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. An estate may still have federal tax duties or a Montana fiduciary income tax filing.
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.