Requesting Estate Files from a Montana County Probate Division

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney.

Detailed Answer

In Montana, probate records—including estate files—are maintained by the clerk of district court in the county where the decedent resided at the time of death. Under Montana’s Public Records Act (Mont. Code Ann. § 2-6-101 et seq.) and Probate Code (Mont. Code Ann. Title 72, Chapter 3), most estate files are open to the public. To request a copy, you typically need the following information:

1. Decedent’s Full Legal Name: Provide the exact name used in probate filings to ensure an accurate search.
2. Date of Death: This helps narrow records if multiple filings exist under similar names.
3. Case or Cause Number (if known): The court-assigned docket number speeds up retrieval. If you don’t know it, the clerk can search by name and date of death.
4. County of Probate: Identify the county where the decedent lived. Probate jurisdiction is county-based.
5. Your Contact Information: Include your full name, mailing address, telephone number, and email. The clerk uses this for invoices and to send copies.
6. Proof of Identity (for sealed or restricted files): Although most estate records are public, some documents—like certain guardianship exhibits—may be sealed. You may need a government-issued photo ID and proof of your relationship or interest in the estate.
7. Specific Document Request: List exactly which documents you need (e.g., petition for probate, inventory, final decree, letters testamentary). This minimizes fees and search time.
8. Payment of Fees: Courts charge per-page copying fees and may have additional handling charges. Confirm current rates with the clerk’s office and include payment or a prepaid envelope as instructed.
9. Request Format: Many Montana clerks accept written, emailed, or online requests. When writing, include a signed statement: “I request copies of the estate files for [Decedent Name], Cause No. [XXXX], filed in [County] County District Court.”

After submitting your request, the clerk will confirm receipt, provide an estimated fee, and give you a timeline for delivery—often within 5–10 business days if records are onsite.

Helpful Hints

• Verify current copying and certification fees on the county clerk’s website before submitting your request.
• If you need certified copies for legal purposes (e.g., title transfers), explicitly ask for “certified” copies, which carry an additional fee.
• Use online case-search portals (if available) to find the cause number in advance.
• For remote requests, include a self-addressed stamped envelope to expedite mail delivery.
• If you hit a roadblock or the estate file is missing, ask the clerk about microfilm archives or off-site storage.
• Keep a record of all communications and receipts in case you need to follow up.