Submitting an Original Will to a Montana Probate Court When You Live Out of State — FAQ

Quick answer: Identify the Montana county where the decedent was domiciled (or owned real property in Montana), assemble the required documents (original will, certified death certificate, a petition for probate or request to admit the will), and either file them by mail/courier with the clerk of the district court or hire a Montana attorney to file and appear on your behalf. Use tracked, insured shipping and get a signed receipt. The court will guide you about notice to heirs, creditor notice, fees, and whether the original will must remain with the court or can be returned after probate.

Detailed Answer — Step-by-step

1. Verify the correct Montana court (venue)

Probate normally begins in the Montana district court of the county where the decedent was domiciled at the time of death or where the decedent owned real property. If you are unsure which county applies, check the decedent’s last known address and property records or call the Montana Judicial Branch for help locating the proper clerk of court.

Montana statutes governing decedents’ estates are found in Title 72 of the Montana Code Annotated: https://leg.mt.gov/bills/mca/title_72/.

2. Understand what the court will want

When you ask a Montana court to admit a will to probate, the court typically wants:

• The original signed will (not a copy).
• A certified copy of the death certificate.
• A completed petition or application to admit the will to probate and to appoint a personal representative (administrator/executor), or a request for informal probate if available.
• Payment of the required filing fee (or a request to waive/defray fees if applicable).
• Information about heirs, beneficiaries, and known creditors (for required notices).

Montana Judicial Branch provides probate forms and self-help guidance at: https://courts.mt.gov/selfhelp/Probate and forms at https://courts.mt.gov/selfhelp/ProbateForms.

3. Options for filing from out of state

You generally have three practical options:

1. Mail or courier the original will and required documents to the clerk of the district court in the correct Montana county. Use overnight tracked, insured shipping and request a signed delivery receipt. Include a cover letter that clearly requests that the clerk file the will for probate and provide a stamped, filed copy and proof of filing. Include a self-addressed, prepaid return envelope if you want documents returned.
2. Engage a Montana probate attorney to file the petition and represent the estate. An attorney can prepare the petition, manage notices, appear in court if needed, and protect the original will’s chain of custody.
3. Designate a local representative (someone in Montana) to deliver the original to the clerk in person and to follow up. That person can obtain a signed receipt proving the court received the original will.

4. Protect the original will during shipping

• Do not sign, tear, or otherwise alter the will.
• Use a secure, overnight carrier with tracking and required signature on delivery.
• Insure the package and keep copies of all tracking and shipment receipts.
• If possible, get the court to confirm receipt in writing and provide a filed-stamped copy of any filing document.

5. Notices, creditors, and next steps after filing

Once the petition to admit the will is filed and the court acts, Montana rules require notice to heirs, beneficiaries, and often creditors. The court will tell you what notices to provide and whether you must publish a notice to creditors. The court will also address whether a bond is required for the personal representative and whether the original will stays in the court file or can be returned after probate ends.

6. Additional practical tips for out-of-state filers

• If the decedent owned property only in your state (not in Montana) and died domiciled out of state, you may not need Montana probate. If the decedent owned Montana real property, you likely will need probate in Montana for property transfer.
• Consider consulting a Montana attorney to determine whether a full probate is necessary, whether a simplified procedure applies, and to handle service and notice requirements.
• Keep detailed records of every document you send and receive, and preserve the original will until the court confirms it has been received.

Helpful Hints

• Confirm the correct county before sending anything — sending the original will to the wrong court can cause delay.
• Always send the original will; courts typically will not admit a copy unless the original is proven lost or destroyed with additional proof and testimony.
• Call the clerk of the district court first to ask about the county’s preferred procedure, fees, and whether the clerk will accept mailed originals. Ask for the clerk’s name and for written confirmation if possible.
• Include a clear cover letter listing contents and a phone number and email address where you can be reached.
• Keep multiple certified copies of the death certificate available — courts and other institutions often require them.
• If you prefer not to risk mailing an original, hire a local attorney or ask a trusted Montana resident to hand-deliver the document and obtain a signed receipt from the clerk.
• When in doubt, hire a Montana probate attorney to protect the estate and ensure procedural compliance.

Where to find Montana law and local court help

Montana statutes on decedents’ estates (Title 72) are available here: https://leg.mt.gov/bills/mca/title_72/.

Montana Judicial Branch probate information and forms: https://courts.mt.gov/selfhelp/Probate and https://courts.mt.gov/selfhelp/ProbateForms.

Final checklist before you send the original will

1. Confirm the correct Montana county and the clerk’s address and instructions.
2. Prepare a petition or fill out court probate forms if available.
3. Obtain a certified copy of the death certificate.
4. Copy the will (keep copies for your records) but send the original to the court if required.
5. Use a tracked, insured carrier with required signature and keep shipment receipts.
6. Request written confirmation of receipt and a filed stamped copy of the petition from the clerk.

Disclaimer: This article is for general information only and is not legal advice. Laws vary and change. For advice specific to your situation, consult a licensed Montana attorney or contact the clerk of the district court in the appropriate county.