Montana Guardianship Fee Waiver: Statement of Inability to Pay Court Costs

The statutory filing fee to open a guardianship case in Montana is $70; county surcharges can bring the actual total to $100–$120. That's before you add process server fees, professional evaluation costs, and potential attorney expenses. For families who can't afford those upfront costs, Montana provides a fee waiver mechanism — but the process has quirks that catch people off guard.

The Statement of Inability to Pay

Montana's fee waiver form is officially called the Statement of Inability to Pay Court Costs and Fees. It's a sworn document where you declare under oath that you cannot afford to pay filing fees and other court costs. The court evaluates your income, assets, and expenses to determine eligibility.

You submit the Statement to the Clerk of District Court in the county where you're filing the guardianship petition. If approved, the order waives the filing fee and may cover other costs associated with the proceeding, including service of process fees in some cases.

The Timing Problem

Here's where families run into trouble: in some Montana counties, the court clerk will not open your case file or accept your petition for filing until a district court judge has physically reviewed and signed the fee waiver order. Depending on the judge's schedule and the county's internal process, that signing can take several days.

This matters because guardianship proceedings run on deadlines — notice to the respondent must be served at least 14 days before the hearing, evaluations need scheduling time, and the court visitor needs time to complete interviews and submit a report. If your fee waiver order takes a week to process, that's a week your entire case timeline shifts backward.

The practical solution: submit the Statement of Inability to Pay well before you plan to file the guardianship petition itself. If you know you'll need a fee waiver, prepare and submit the Statement as early as possible so the waiver is already in place when you're ready to file.

What the Filing Fee Covers

The baseline statutory filing fee under MCA § 25-1-201 is $70 for commencing a guardianship or conservatorship proceeding. Individual counties add surcharges under MCA § 25-1-202 (court reporter services) and MCA § 3-1-317 (IT automation). Flathead County, Park County, and Sweet Grass County charge $100 total. Yellowstone and Gallatin Counties can charge up to $120.

The filing fee is only the beginning of the cost. Professional evaluations by the court-appointed physician typically run $500–$1,500. Process server fees for serving notice on the respondent and family members average $50–$75 per party. If you need an attorney, private guardianship attorneys charge $2,000–$5,000 for a straightforward case. The respondent's legal counsel is appointed by the court and paid by the county if the respondent is indigent.

When Court Costs Aren't the Biggest Barrier

For many families, the filing fee itself is manageable — it's the total cost of the proceeding that creates financial strain. A fee waiver addresses the court's administrative charges, but it doesn't cover private attorney fees or the time off work needed for multiple court appearances.

This is one reason Montana law requires courts to consider less restrictive alternatives before granting guardianship. Tools like durable powers of attorney, healthcare directives, and supported decision-making agreements cost little or nothing to set up and avoid court costs entirely. The Montana Adult Guardianship & Alternatives Guide breaks down both paths — the court process with its associated costs and the out-of-court alternatives that families can implement on their own.

See more Montana guides →