Montana Name Change Laws: How to Legally Change Your Name

Montana name changes go through district court. The petitioner, or a parent filing for a minor under 18, files a petition in the county where they live under MCA 27-31-101, and the court sets a hearing that generally requires four weeks of newspaper publication under MCA 27-31-201. A judge decides whether to grant the change at their discretion, using the "right and proper" standard from MCA 27-31-204.

Two figures are worth knowing up front because a Montana petitioner can easily see the wrong one. The filing fee is currently $90, but Montana's own printed court fee schedule has not caught up to that change and still lists $120. This page explains the current statutory fee, the publication rule, the sealing option, and how marriage, divorce, and a criminal record each affect a Montana name change.

Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.

How to Legally Change Your Name as an Adult in Montana

File your petition in the district court for the county where you live. The petition must be signed by you and, if you are asking to change someone else's name, by that person if they are old enough, or by a parent or guardian on their behalf. Montana's statute does not set a minimum length of residency in the county, only that you live there.

The judge decides whether to grant the change under MCA 27-31-204's broad, discretionary "right and proper" standard, after any objection window has closed. Any person who has "good reasons" can file an objection before the hearing under MCA 27-31-202.

Montana's self-help library posts name-change forms by descriptive file name rather than a numbered form code, unlike some states. Contact your district court clerk for the current adult and minor petition packets.

Montana's Filing Fee: $90, Not $120

Montana updated its general civil filing fee statute in 2025 (MCA 25-1-201, as amended by Chapter 587, Laws of 2025). A name-change petition is not one of the specially priced case types listed in that statute (dissolution is $170, legal separation $150, a contested parenting-plan amendment $120), so it falls under the general $90 commencement-of-action fee.

Montana's own Clerks of District Courts printed fee schedule, however, is dated "Updated May 2024" and still lists $120 for a general civil commencement of action. That schedule predates the 2025 statutory change and appears not to have been refreshed. Confirm the exact amount with your county Clerk of District Court before filing, since the printed schedule some clerks hand out may not reflect the current statutory figure.

Minor Name Changes and Incarcerated Petitioners in Montana

A parent files on behalf of a minor under 18 (or a guardian, if both parents are deceased, or a near relative or friend if there is no guardian). Publication is waived only if both parents and all legal guardians consent to the change in writing (MCA 27-31-201(2)); a petition that is simply signed by one parent, which is enough to file, does not by itself waive the four-week publication requirement.

A petitioner who is incarcerated or under Department of Corrections supervision faces an added step: the petition must be served on the DOC, which must attempt to notify any victim, and if the change is granted, the court must authorize the DOC and the Department of Justice to maintain and disseminate the change for offender-registration purposes (MCA 27-31-201(4)-(5)).

Publication and Sealing in Montana

Montana requires notice of the time and place of the hearing, not the granted order, to be published for four successive weeks in a newspaper published in the county of filing (MCA 27-31-201(1)). That is a longer publication run than some neighboring states use.

A petitioner of any age whose safety is at risk can ask the court to proceed on a sealed-record basis, on a showing of probable cause, so long as the judge is satisfied the petitioner is not trying to evade debt or hide a criminal record (MCA 27-31-201(3)). Access to a sealed record is then restricted except by court order. Sealing the state court file this way does not automatically make the change confidential with the Social Security Administration or the State Department's passport office. A domestic violence or stalking survivor in Montana should also look at the state's Address Confidentiality Program, administered by the Department of Justice's Attorney General's Office, for a substitute mailing address; it is a separate program from the court's own sealing option.

Restrictions: Sex and Violent Offenders

Unlike some states, Montana does not bar a registered sex or violent offender from petitioning for a name change. Instead, MCA 46-23-505 requires the offender to appear in person and notify their last registration agency within 3 business days of the change. Failing to make that notification risks a separate registration-violation offense, even though the name change itself was lawfully granted.

Apart from the incarcerated-petitioner service track described above, Montana's statute contains no other blanket denial tied to a criminal record. The general grant standard, MCA 27-31-204's "right and proper" discretion, applies to every petitioner.

Name Change After Marriage in Montana

No Montana statute creates a surname-change right upon marriage. MCA 40-1-107(1) prescribes what goes on the marriage license application, which collects identifying information such as each party's name, sex, address, and date and place of birth; it does not grant a naming right. The application also asks for a Social Security number, but MCA 40-1-107(3) expressly bars that number from appearing on the license, the certificate, or a consent to marriage. In practice, a newly married person in Montana changes their name at the Social Security Administration and the Motor Vehicle Division using their marriage certificate, without any Title 27 or district court filing.

Name Change After Divorce in Montana

Montana codifies this one directly. Under MCA 40-4-108(5), the court "shall order the party's maiden or birth name or a former name restored" upon request by a party whose marriage is dissolved or declared invalid. It is a mandatory grant on request, built into the dissolution title (Title 40), separate from the general name-change chapter described above.

Related Montana Records

A Montana name change often intersects with other record questions. See Montana marriage and divorce records for documenting a name restored in a divorce decree, Montana court records for how a sealed name-change record fits into the state's broader court-records rules, and Montana divorce laws for the dissolution process itself.

For the national picture on process, cost, and post-change paperwork, see how to legally change your name, how much does it cost to change your name, and the name change checklist. For every state side by side, see name change laws by state.

Disclaimer

This article provides general information about Montana name-change law. It is not legal advice and does not create an attorney-client relationship. Fees, forms, and court procedures change; verify current details with your Montana Clerk of District Court or a licensed Montana attorney before relying on anything here for a specific filing.

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Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.