The Clerk of District Court's office located in the Law and Justice Center is restricted from providing legal advice because we are not practicing attorneys.
However, in a few instances, people may file an action as pro se (without an attorney), granting that they:
--know the proper deadlines for filing documents after the initial documents;
--have the means to create the proper documents;
--know the proper recipients.
The Clerk's office does not have templates for probate cases. A person may download documents for an Informal Probate with or without a will from the State Law Library of Montana. (Templates for formal probate cases do not exist. Therefore, it is best to contact an attorney) Once these documents are filled out, they are brought to the Clerk of District Court's office to be filed.
The filing fee for a probate case (formal or informal) is $100. In addition to using the templates provided through the state's law library, a person may request to look at public informal probate cases to see the proper filing order and to note any additional documents that are required.
If the estate amounts to less than $50,000, a document titled Affidavit for Collection of Personal Property of the Decedent is available at the state's law library website or at our office for $1.00. It is recommended that you check with an attorney to see if this document is applicable to your situation.