Treasure County
Probate Court
In Montana, estates are probated in the District Court (Probate Division). This page gathers where to file in Treasure County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Treasure County
- Handled by
- District Court (Probate Division)In Montana, the District Court in each county exercises probate jurisdiction under the Montana Uniform Probate Code.
- County building
- Treasure County Courthouse 307 Rapelje Avenue, Hysham, MT 59038 OpenStreetMap · view the map entry
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- treasurecountymt.govWikidata
- State courts & e-filing
- courts.mt.govCase search: Montana Courts Public Access (ePass / Odyssey)
How probate runs in Treasure County
Six stages, with the Montana rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Montana deadline: Must lodge will promptly; 3-year deadline for informal or formal probate.
- 02
Pick the right track
If the probate estate is under $100,000, a small-estate procedure (Mont. Code Ann. § 72-3-1101) may avoid full administration.
- 03
Petition the court
File the petition with the District Court (Probate Division) for Treasure County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 4 months after the date of first publication of notice to creditors.
- 06
Account and distribute
Pay debts, taxes and fees (Mont. Code Ann. § 72-3-631), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Montana courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Montana rules that apply here
Probate law is state law — these apply in all 56 Montana counties.
- Small estates
- $100,000 (entire probate estate less liens; personal property collected by affidavit)Mont. Code Ann. § 72-3-1101 · wait 30 days
- Filing the will
- Must lodge will promptly; 3-year deadline for informal or formal probate
- Creditor claims
- 4 months after the date of first publication of notice to creditorsMont. Code Ann. § 72-3-801
- Executor fees
- Reasonable compensation for services (statutory percentage schedule repealed in 2019)Mont. Code Ann. § 72-3-631 · estimate the fee
- Handwritten wills
- Recognized. Montana recognizes holographic wills if signature and material provisions are in testator's handwriting (MCA § 72-2-522).
- Estate tax
- No state estate tax.Montana has no state estate tax.
- Inheritance tax
- No.Montana inheritance tax was repealed by voter initiative in 2000.
- Typical duration
- 6 to 9 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: law.justia.com (statute) · law.justia.com (statute) · law.justia.com (statute)