Trans Resource Navigator

Legal name change in Montana

Change your legal name
Yes
Publication requirementA rule in some states that a name-change petition be printed in a newspaper before it is granted. Many states waive it for trans petitioners or for safety.
Sometimes
Court hearing
Required
Sealed recordA court file that is kept confidential and not available to the public.
Possible

Adults in Montana can change their name by petitioning the district court in the county where they live. You must publish a notice in a local newspaper once a week for 4 weeks and attend a short hearing, unless the judge lets you proceed under a sealed record because making the change public would put your safety at risk.

Main cost
$90, can be waived

Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify

On this page
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Free help
  5. Forms
  6. Requirements
  7. Minors
  8. After you finish
  9. Tips
  10. Laws and other guides
  11. Sources

How it works

Montana's name change law (MCA 27-31-101 to 27-31-204) applies to everyone; there is no separate gender-identity process. You file a Petition for Name Change (Adult) with the Clerk of District Court in the county where you live. The judge sets a hearing date and names the newspaper where you must publish a notice of the hearing for 4 weeks in a row. At the hearing you bring proof of publication, the judge may ask why you want the change, and then signs the order.

If publishing your name change would put you in danger, you can instead use the sealed-record forms. The judge can let the case proceed without publication and keep the file closed to the public if there is probable cause that your safety is at risk and you are not trying to avoid debt or hide a criminal record.

The same petition lets you ask Montana Vital Statistics to update your Montana birth certificate with the new name, either as an amended record or a brand-new record with the old one sealed.

Steps

  1. Choose the standard or sealed-record forms[7][8][9]

    • Standard: the adult packet. You will publish a notice in the newspaper for 4 weeks.
    • Sealed record: use this if publishing your old and new names would put you at risk. The judge decides whether to seal; if the request is denied, the file is no longer withheld.

    Both are free to download from the Montana Judicial Branch forms page. Do not change the wording of the forms.

  2. Fill out the forms and make a copy[8]

    Fill in every blank on the petition, sign and date it, and fill in the district, county, and your current name in the caption of the other forms. Make one copy of everything for yourself.

  3. Ask for a fee waiver if you cannot pay[8][6]

    Optional

    Ask the Clerk of District Court for an Affidavit of Inability to Pay (the name can differ by county) and file it with your petition. You must include a financial statement unless a free legal services program represents you. A waiver covers court fees but not the newspaper's charge for publication.

    Cost
    $90 district court filing fee (base amount in statute)

  4. File at the Clerk of District Court in your county[8][5]

    File the original petition, Order Setting Hearing, and Notice of Hearing, and pay the filing fee (or file your fee waiver affidavit). Give the clerk a self-addressed stamped envelope and ask them to mail you two conformed copies of the signed Order Setting Hearing. Ask the clerk to stamp your copies "Filed."

    Cost
    $90 district court filing fee (base amount in statute)

  5. Publish the notice for 4 weeks[2][8]

    When the judge sets your hearing, take the Notice of Hearing to the legal-notices desk of the newspaper named in the order. It must run once a week for 4 weeks in a row before your hearing. If your county has no newspaper, post the notice in the three public places the judge lists. Get the newspaper's proof (affidavit) of publication. Skip this step if the judge granted a sealed record.

    Cost
    Varies newspaper publication (4 weekly notices)

  6. Go to your hearing[8][4][3]

    Bring your filed copies, the proof of publication, and the original and a copy of the Order for Name Change. Arrive 15 minutes early. The judge may ask you, under oath, why you want to change your name; anyone who filed an objection may also be heard. If the judge grants the change, they sign the order.

  7. Get certified copies right away[8][5]

    Take the signed order to the Clerk of District Court immediately after the hearing and ask for several certified copies (5 to 7 is a good number). You will need them for Social Security, the MVD, your birth certificate, your passport, and banks.

    Cost
    Varies certified copy of the order

Costs and fee waivers

Can’t afford it? You may not have to pay.[6][8]

Anyone who swears, with a financial statement, that they cannot pay court costs. People represented by a free legal services program (for example MLSA) do not need the financial statement.

Ask the Clerk of District Court for the Affidavit of Inability to Pay and file it with your petition. If a judge is not available right away, your petition is filed subject to later approval.

WhatCostNotes
District court filing fee (base amount in statute)[5][6]$90Can be waivedVaries by countyMCA 25-1-201 sets $90 to start a proceeding. Clerks may collect additional state surcharges, so call your clerk for the exact total before you go.
Newspaper publication (4 weekly notices)[2]VariesVaries by vendorSet by the newspaper. Not charged if the judge grants a sealed record, or for a minor when every parent and guardian consents.
Certified copy of the order[5]Varies$2 per certificate with seal, plus copy charges of $1 per page for the first 10 pages. Most orders are one or two pages.

Free help

Legal clinics, organizations, and funds that help with this.

More detail

Forms6 forms

Open a form for tips on filling it out.

Forms everyone files (3)

Petition for Name Change (Adult)Required

The PDF is the full adult packet (instructions, petition, order setting hearing, notice, and order). Editable Word versions are on the forms page.

How to fill it out

  • Item 7 (Changes to Birth Certificate): if you were born in Montana, pick one option. "Create a new birth record" gives you a certificate that shows only your new name and seals the old record; "change the birth record" produces a record stamped ALTERED. If you were born elsewhere, check "Petitioner was not born in Montana."
  • Item 8 (Reason): a short, truthful reason is enough, for example "to match the name I use and my gender identity." You do not need to give medical details. Check the box that you are not changing your name to avoid debt or hide a criminal record.
  • Item 9 is your promise to publish notice for 4 weeks. If publishing would put you in danger, use the sealed-record petition instead.
  • Sign and date. The clerk fills in the cause number.

Open the form[8]

Order Setting Hearing and Notice of Hearing on Name ChangeRequired

Fill in the caption only. The judge sets the date and names the newspaper. Included in the adult packet; Word versions on the forms page.

Open the form[7][8]

Order for Name Change (Adult)Required

Fill in the blanks you can and bring the original and a copy to your hearing. The judge signs it.

Open the form[8]

Forms only some people need (3)

Changing Your Name When Your Safety Is at Risk (sealed-record packet)Sometimes required: Use instead of the standard petition if making your name change public would put your…

Use instead of the standard petition if making your name change public would put your safety at risk. Includes the petition, Order Sealing Record and Setting Hearing, and Order for Name Change under Sealed Record.

How to fill it out

  • The request to proceed under seal must be in the petition itself (MCA 27-31-201(3)).
  • Describe concretely why publication would put you at risk: past threats, harassment, stalking, or violence, including harassment because you are transgender. Attach or mention any protective order or police report if you have one.
  • State that you are not trying to avoid debt or hide a criminal record.

Open the form[9][2]

Petition for Name Change (Child) and instructionsSometimes required: Only for a person under 18.

Open the form[10]

RequirementsWhere you live, age, criminal record, newspaper notice, hearing, background check, privacy and sealing, timeline
Where you live
File in the district court of the Montana county where you live.[1][2][8]
Age
18 or older for the adult forms. For anyone under 18, a parent (or guardian) signs and files the petition; see Minors.
Criminal record
You must state that you are not changing your name to avoid debt or hide a criminal record. If you are incarcerated or under Department of Corrections supervision, you cannot use the standard self-help forms: the petition must be served on the Department, which can respond (MCA 27-31-201(4), added in 2025).
Newspaper publication
Sometimes.

Notice of the hearing must be published for 4 successive weeks in a newspaper published in your county (or posted in 3 public places if there is none). Not required for a minor when both parents and all legal guardians consent in writing, or when the judge lets the petition proceed on a sealed record.

Ask in your petition to proceed on a sealed-record basis (use the sealed-record packet). The judge must find probable cause that your safety is at risk and that you are not avoiding debt or hiding a criminal record. There is no waiver just for gender-identity changes.

[2][9][13]
Court hearing
Yes.

The statute says the court "may" set a hearing, but the self-help forms and practice call for one, and publication proof must be shown at it. The judge may question you under oath. Anyone may file an objection before the hearing.

[2][3][4][8]
Background check
No.

No fingerprints or background check. People in prison or under Department of Corrections supervision must serve the petition on the Department, which may respond.

[2]
Privacy and sealed records
Available.

If the judge allows a sealed-record petition, all papers are kept as a permanent court record withheld from inspection; others can see them only for good cause on a judge's order. Standard name change files are public.

Put the request in the petition (use the sealed-record packet). If the judge denies it, the record is no longer withheld.

[2][9]
How long it takes

About 6 to 10 weeks from filing to order in most counties, because of the 4-week publication period. Sealed-record cases can be faster or slower depending on the judge's calendar.

MinorsA parent signs and files the petition for anyone under 18 (a guardian, relative, or friend if both parents have died).

A parent signs and files the petition for anyone under 18 (a guardian, relative, or friend if both parents have died). Each parent and legal guardian can sign a notarized Consent to Name Change of Minor Child; if all of them consent, no publication is needed. If a parent does not consent, the notice must be published for 4 weeks, which gives that parent a chance to object. The judge decides based on the child's best interests, and the child usually attends the hearing with the parent. The standard sealed-record forms are for adults only; talk to a lawyer if a child's safety is at risk.

[1][2][10]
After you finish1. Social Security first: update your name at an SSA office with a certified copy of the order.
  1. Social Security first: update your name at an SSA office with a certified copy of the order. The MVD checks your name against SSA records.
  2. MVD (driver's license or ID): in person, with the certified order. See the driver's license guide.
  3. Birth certificate: if you were born in Montana, send the certified order, a notarized Affidavit for Correction, a copy of your photo ID, and $41 to Montana Vital Records. If you checked item 7 on the petition, the order already tells Vital Statistics what to do. See the birth certificate guide.
  4. Passport, then banks, employer, school, insurance, and voter registration.
Tips3 tips from people who have done this
  • TransVisible Montana, a statewide trans collective, offers free name change help (workshops, consultations, and step-by-step support). Email transvisiblemt@gmail.com.
  • Ask the newspaper for its legal-notice rate before you publish; small weekly papers are often cheaper, but you must use the one the judge names.
  • If you were born in Montana, filling in item 7 on the petition saves you a step later at Vital Records.
Laws and other guides5 laws, 2 other guides

Laws and rules

Other trusted guides

Sources

13 sources. Numbers in the text, like [1], point here.Show all
  1. MCA 27-31-101, Petition for change of name of natural personMontana Legislature, Law. accessed
    “All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides”
  2. MCA 27-31-201, Order setting hearing date -- notice -- safetyMontana Legislature, Law. accessed
    “The court may allow a petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk”
  3. MCA 27-31-202, Filing of objections to changeMontana Legislature, Law. accessed
  4. MCA 27-31-203, Conduct of hearingMontana Legislature, Law. accessed
    “On the hearing the court or judge may examine on oath any of the petitioners, remonstrants, or other persons touching the application.”
  5. MCA 25-1-201, Fees of clerk of district courtMontana Legislature, Law. accessed
    “at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff or petitioner, $90”
  6. MCA 25-10-404, Poor persons not required to prepay feesMontana Legislature, Law. accessed
  7. Name Change formsMontana Judicial Branch, Court. accessed
    “A person may seek a name change for any number of reasons such as divorce, safety reasons, gender change, or simply wanting a new name.”
  8. Changing Your Name as an Adult (instructions and forms, last updated 12/29/2025)Montana Supreme Court Commission on Self-Represented Litigants and MLSA, Form. accessed
    “You must publish notice of your hearing for 4 weeks before your hearing.”
  9. Changing Your Name When Your Safety Is at Risk (sealed record)Montana Supreme Court Commission on Self-Represented Litigants and MLSA, Form. accessed
  10. Changing the Name of a Child (instructions and forms)Montana Supreme Court Commission on Self-Represented Litigants and MLSA, Form. accessed
  11. Montana Legal Services AssociationMLSA, Organization. accessed
    “HelpLine : Tuesday–Thursday, 9:00 AM–1:00 PM · 1 (800) 666-6899”
  12. Name Change AssistanceTransVisible Montana, Organization. accessed
    “TransVisible Montana offers FREE name change assistance.”
  13. Montana ID documents (last updated December 2025)Advocates for Trans Equality, Organization. accessed