Montana Guardianship Cost

The Baseline: Court Filing Fees

Under MCA § 25-1-201, the statutory baseline fee for filing a guardianship or conservatorship petition in Montana district court is $70. Additional filing fees under MCA § 25-1-202 and a court-information-technology surcharge under MCA § 3-1-317 bring the actual total higher.

Typical county filing fees:

• Flathead County, Park County, Sweet Grass County: $100
• Yellowstone County, Gallatin County: up to $120

Call your local Clerk of District Court before filing to confirm the exact amount — the clerk's office can tell you the total but cannot advise you on which forms to file.

Process Server Costs

After filing the petition, you must serve formal notice on the respondent (the person you are seeking guardianship over) and their immediate family members at least 14 days before the hearing. Service must be made by a sheriff's deputy or professional process server — you cannot serve the papers yourself.

Typical cost: $50-$75 per party served.

Attorney Fees

If you hire a private attorney to file the guardianship petition, prepare the documentation, and represent you at the hearing, expect to pay $2,000-$5,000 for a straightforward, uncontested case.

Contested cases — where the respondent or another family member opposes the guardianship — cost significantly more, sometimes $10,000+ if the case requires extensive expert testimony or multiple hearings.

The respondent always gets an attorney. Under MCA § 72-5-315(2), the court must appoint legal counsel to represent the respondent. If the respondent is indigent, the Office of State Public Defender assigns an attorney at no cost to the respondent. This attorney represents the respondent's expressed wishes — not the petitioner's view of the respondent's best interests.

Court-Ordered Evaluations

Before the hearing, the court appoints two professionals to evaluate the respondent:

Court Visitor — An officer or appointee trained in law, social work, nursing, or mental health who interviews the respondent, the petitioner, and the proposed guardian; inspects the current and proposed residences; and submits a written report to the court.

Examining Physician — A court-appointed physician or psychologist who evaluates the respondent's cognitive functioning, adaptive behavior, and physical condition, and provides clinical recommendations about less restrictive alternatives.

Cost: Professional evaluation fees typically range from $500-$1,500. If the respondent is determined indigent, these fees are waived or paid by the county.

Total Cost Summary

These figures cover the initial petition only. Guardianship creates ongoing costs: annual reporting takes time (and attorney review fees if you use a lawyer), conservators managing larger estates may need to post a financial bond, and any future modification or termination petition restarts the court process.

How to Apply for a Fee Waiver

If you cannot afford the filing fee, Montana provides the Statement of Inability to Pay Court Costs and Fees — a written application asking the court to waive or reduce filing costs.

Where to get the form: Montana Law Help (montanalawhelp.org) provides an interactive, fill-in-the-blank version. The Montana Courts website also hosts a downloadable PDF.

What to include: Your household income, monthly expenses, assets, debts, and an explanation of why paying court costs would create a financial hardship.

A timing warning: Local practices vary significantly. In some counties, the clerk will not accept your petition for filing until a district court judge has physically signed the fee-waiver order. This review can take several days. Submit the fee-waiver application well in advance of any critical deadlines to avoid delays in getting your petition filed.

Before You Spend: Are Voluntary Alternatives Enough?

Guardianship is the most expensive option in the transition planning toolkit. A durable power of attorney costs a notary fee (typically $5-$10). A healthcare directive requires either notarization or two witnesses. A FERPA release is a free school form. An SSA representative payee application costs nothing.

For many families, the combination of these voluntary instruments — paired with a supported decision-making agreement — provides comprehensive protection at a total cost of under $50. Court-ordered guardianship makes financial sense only when voluntary instruments are genuinely insufficient because the young adult's needs cannot be met through less restrictive alternatives.

The Montana Guardianship & Alternatives Guide includes a decision worksheet that walks you through each domain — healthcare, finances, education, benefits — to determine which instruments your family actually needs before committing to the cost and permanence of a court process.

See more Montana guides →