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Big Horn County, MT Probate Information
Quick facts
| Item | Big Horn County details |
|---|---|
| Court | The Big Horn County District Court, Montana 22nd Judicial District Court sitting in Big Horn County (Mont. Code Ann. § 3-5-101) |
| Courthouse address | Big Horn County Courthouse, 121 W. 3rd St., Room 221, Hardin, MT 59034 |
| Mailing address | P.O. Box 908, District Court, Hardin, MT 59034 |
| Clerk phone | (406) 665-9750 |
| Fax | (406) 665-9755 |
| [email protected] | |
| Hours | Monday through Friday, 8 am to 5 pm, closed holidays, Mountain Time |
| Filing fee | $100.00 under the 2025 MCA to commence probate, made up of $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. Confirm the current amount with the clerk before filing. |
| Local forms | No Big Horn County probate form or cover sheet is posted on the county District Court page. Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. A self-represented filer uses paper filing with the clerk in Hardin. Attorneys may use electronic filing for Probate (DP) cases in Big Horn County District Court under the Montana Temporary Electronic Filing Rules and the Judicial Branch court policy at courts.mt.gov. |
| Case search | Montana publishes the District Court Public Access Portal at https://dcportal.pubcourts.mt.gov through courts.mt.gov/Courts/portals. Big Horn County District Court converted to FullCourt Enterprise in September 2019. The clerk can also perform a record search for statutory search fees under Mont. Code Ann. § 25-1-201. |
| Remote appearance | Decided by the district judge under the 22nd Judicial District local rules. Rule 32 requires a motion at least 48 hours before the hearing and the court decides whether to allow Zoom, telephone or another method. |
| Websites | https://courts.mt.gov/CourtLocator/22ndJudicialDistrict and https://bighorncountymt.gov/165/District-Court |
Before you begin — know the assets and liabilities
Before you file in Hardin, list the assets, debts, account titles and beneficiary designations. Probate is only one part of estate settlement, and the right path depends on what still needs court authority, what passes by title, and whether a personal representative needs Letters of Authority.
Sunset can help search across more than 2,300 institutions for accounts, insurance, retirement assets and other property before you prepare the probate packet. That asset picture helps you decide whether to use an affidavit under Mont. Code Ann. § 72-3-1101, paper-file an informal application with the clerk of district court in Big Horn County, or ask a lawyer about a formal petition.
Which court handles jurisdiction
Probate for Big Horn County is filed with the clerk of district court at the county courthouse in Hardin, 121 W. 3rd St., Room 221, Hardin, MT 59034. Mail goes to P.O. Box 908, District Court, Hardin, MT 59034.
The District Court has original jurisdiction over all civil and probate matters and exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111). Montana does not use a county-level court or a separate court for probate: a will is proved and Letters are issued by the clerk of district court or the district judge. Montana's courts of limited jurisdiction, including the Justice Court and City Court listed for Hardin, have no probate authority under Mont. Code Ann. § 3-10-301 and § 3-11-102.
Big Horn County is one of the three counties in Montana's 22nd Judicial District, with Carbon and Stillwater Counties (Mont. Code Ann. § 3-5-101). That judicial district assigns judges and local rules, but it does not move the filing counter. The district judge chambers in Columbus, in Stillwater County, and the 22nd Judicial District has a standing master serving the three counties as listed by courts.mt.gov, but the Big Horn County estate file is opened and kept with the clerk in Hardin.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, any county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Identify what court authority is needed. If personal property can be collected by affidavit after the statutory waiting period, use the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. If Letters of Authority are needed, prepare either an informal application for the clerk or a formal petition with notice for the district judge.
- Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife. The statewide materials include the How to Administer a Small Estate Packet, the Affidavit for Collection of Personal Property Packet under Mont. Code Ann. § 72-3-1101, the Affidavit of Death and the Fiduciary Statement.
- File on paper with the clerk of district court in Big Horn County at 121 W. 3rd St., Room 221, Hardin, or mail the papers to P.O. Box 908, District Court, Hardin, MT 59034. The office is open Monday through Friday, 8 am to 5 pm, closed holidays.
- Pay the $100.00 probate commencement fee under the 2025 MCA, made up of $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and the $10 user surcharge under Mont. Code Ann. § 3-1-317. Confirm the current payment method with the clerk before filing.
- For an informal proceeding, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the statement of informal probate and the Letters when the requirements are met (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). The statement of informal probate or informal appointment cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Before receiving letters, the personal representative qualifies by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The Montana Judicial Branch form packet at courts.mt.gov uses the title Letters of Authority.
- If the matter is formal probate, file a petition and provide notice for proceedings before the district judge (Mont. Code Ann. § 72-3-301). Montana also has a statutory route for hearings and proof in uncontested cases (Mont. Code Ann. § 72-3-307).
- Ask the Big Horn County clerk for the next law and motion setting. Under the 22nd Judicial District local rules, probate proceedings are routine law and motion matters, the district tries to schedule two law and motion dates monthly in each county, and counsel must notify the clerk by 12:00 p.m. on the preceding business day for matters to be placed on the calendar.
- If a party or counsel wants a remote appearance, follow the 22nd Judicial District local rules. Rule 32 requires a motion at least 48 hours before the hearing, states that Zoom, telephone or another telecommunication method may be used, and leaves the decision to the court. Mont. R. Civ. P. 43(a) also allows testimony by contemporaneous transmission for good cause in compelling circumstances with appropriate safeguards.
- After appointment, administer the estate. Publish notice to creditors once a week for 3 successive weeks, giving creditors 4 months after the first publication to present claims (Mont. Code Ann. § 72-3-801). Prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), distribute property when legally ready, and close the estate as the Montana Probate Code allows.
Forms and documents
Probate forms in Big Horn County
Big Horn County does not post a county-specific probate form packet or local cover sheet on its District Court page. Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife, and call the clerk of district court in Hardin if you need to confirm what the office wants included with a paper filing.
| Form or packet | When it is used |
|---|---|
| How to Administer a Small Estate Packet | For an informal probate filing that needs a personal representative, a statement of informal probate and Letters of Authority from the clerk or district judge. The phrase Small Estate appears in the court packet title, and the no-court collection affidavit is governed separately by Mont. Code Ann. § 72-3-1101. |
| Affidavit for Collection of Personal Property Packet | For collecting qualifying personal property from the holder under Mont. Code Ann. § 72-3-1101, after 30 days and when the probate estate limit in that statute is met. It is presented to the holder of the property, not filed as an estate opening. |
| Affidavit of Death | A Montana Judicial Branch probate form available from the same forms page. |
| Fiduciary Statement | A Montana Judicial Branch probate form available from the same forms page. |
Local nuance
Big Horn County-specific considerations
| Local point | What it means for a Big Horn County estate |
|---|---|
| Routine law and motion | The 22nd Judicial District local rules name probate proceedings as routine law and motion matters when they are reasonably expected to take less than 30 minutes. The rules also exempt probate cases from the district's standard Rule 16(b) scheduling procedure. Montana separately recognizes hearings and proof in uncontested cases at Mont. Code Ann. § 72-3-307. |
| No fixed local weekday on the page | The local rules say reasonable effort will be made to schedule two law and motion dates monthly in each county, and they direct readers to consult the clerk for the time and date. Call the Big Horn County clerk before planning travel to Hardin. |
| Judge chambers outside Big Horn County | The 22nd Judicial District judge chambers in Columbus, in Stillwater County, and the judicial district also has a standing master serving Big Horn, Carbon and Stillwater Counties as listed by courts.mt.gov. The Big Horn County estate is still filed with the clerk in Hardin under Mont. Code Ann. § 3-5-101. |
| Remote appearance by motion | Under the 22nd Judicial District local rules, the court may permit a party or counsel to appear by Zoom, telephone or another telecommunication method. A motion must be filed at least 48 hours before the hearing, must address whether the other side opposes it, and the court decides whether to grant it. |
| Paper route for self-represented filers | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. Because Big Horn County District Court has adopted electronic filing and the 22nd Judicial District local rules restrict facsimile filing in that situation, a self-represented personal representative should use paper filing with the clerk in Hardin. |
| Early FullCourt Enterprise conversion | Big Horn County District Court converted to FullCourt Enterprise in September 2019 according to courts.mt.gov, so the Montana District Court Public Access Portal may be useful for case lookup, subject to the portal's public access limits. |
Recent updates
| Date | Big Horn County probate update |
|---|---|
| September 2019 | Big Horn County District Court converted to the state's FullCourt Enterprise case management system, according to courts.mt.gov. |
| January 1, 2024 | The 22nd Judicial District local rules became effective, including the probate law and motion framing, the probate scheduling exemption and the Rule 32 remote appearance motion procedure. |
Scenarios
| Situation | Likely Big Horn County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. A survivorship deed or beneficiary designation may move some property outside an estate filing. If only personal property remains and the requirements of Mont. Code Ann. § 72-3-1101 are met, the Affidavit for Collection of Personal Property goes to the holder. If the home must pass through the estate, file the probate application with the clerk of district court at 121 W. 3rd St., Room 221, in Hardin. If property is held in tribal trust status, federal and tribal law may also be involved, so ask the clerk or an attorney. | Sunset helps identify accounts, title issues and beneficiary paths before the family starts estate settlement in court. |
| Out-of-state adult child with a small estate | If the probate estate qualifies under Mont. Code Ann. § 72-3-1101 and the statutory waiting period has passed, the affidavit can be presented to the holder of personal property with no court opening. If Letters of Authority are needed, mail the paper application to P.O. Box 908, District Court, Hardin, MT 59034. E-filing is not available to self-represented litigants through courts.mt.gov. | Sunset can organize assets and generate a probate packet so the family can mail a cleaner filing or know when an attorney should file electronically. |
| Parent settling a predeceased child's estate, home must be sold | Montana has no affidavit route for transferring estate real property. Open the estate with the clerk of district court in Hardin so the personal representative can receive Letters of Authority from the Montana Judicial Branch form process at courts.mt.gov. Notice to creditors runs once a week for 3 successive weeks and gives creditors 4 months after first publication under Mont. Code Ann. § 72-3-801, which can affect sale timing. | Sunset helps find debts, accounts and documents, then connects the family with a vetted local probate attorney when a sale, contest or formal petition is involved. |
Self-help resources
Big Horn County is not listed as one of the staffed Court Help Program locations. For estate settlement questions in Hardin, start with the clerk for filing logistics, the statewide Court Help Program for general information, and an attorney for legal advice.
| Resource | How it helps |
|---|---|
| Clerk of district court in Big Horn County | 121 W. 3rd St., Room 221, Hardin, MT 59034. Mailing address P.O. Box 908, District Court, Hardin, MT 59034. Phone (406) 665-9750. Fax (406) 665-9755. Email [email protected]. Hours Monday through Friday, 8 am to 5 pm, closed holidays. |
| Montana Judicial Branch probate forms | https://courts.mt.gov/Forms/endoflife. Includes statewide probate forms and packets, including the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. |
| Court Help Program | https://courts.mt.gov/SelfHelp/, phone (406) 841-2975. The program is free and statewide for civil, non-criminal problems, but it cannot give legal advice or represent you in court. |
| Montana District Court Public Access Portal | https://dcportal.pubcourts.mt.gov, published by courts.mt.gov/Courts/portals. Big Horn County District Court converted to FullCourt Enterprise in September 2019. |
| Montana Legal Services Association | https://www.mtlsa.org/ and https://www.mtlsa.org/apply-for-services/. Statewide civil legal aid intake. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. Estate administration is not listed among the matters it is currently returning calls about. |
| MontanaLawHelp.org | https://www.montanalawhelp.org. Public self-help library from Montana Legal Services Association. |
| State Bar of Montana lawyer referral | The Montana Judicial Branch lists the State Bar of Montana as a lawyer referral information service for people who need attorney help. |
When to hire an attorney
Montana does not require every personal representative to start with a lawyer, and the Judicial Branch publishes statewide probate forms at https://courts.mt.gov/Forms/endoflife while the Court Help Program at courts.mt.gov gives general information but not legal advice. In Big Horn County, counsel makes sense when there is a contest, a formal petition with notice, a business or agricultural interest, a house that must be sold, possible land in tribal trust status, or a need to coordinate a remote appearance under the 22nd Judicial District local rules. Families with limited means can check Montana Legal Services Association intake at 1-800-666-6899, and Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify accounts, insurance, retirement assets and other property before choosing an estate settlement path in Big Horn County.
Generate the probate packet. Sunset turns the family and asset information into an organized packet for the clerk of district court in Hardin, including the details needed to work from the Montana Judicial Branch forms at courts.mt.gov/Forms/endoflife.
Find a local probate attorney. When a sale, contest, formal petition, remote appearance issue or possible tribal trust land question makes the case harder, Sunset can connect the family with a vetted probate attorney familiar with Montana estate settlement.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and decide whether to file on paper with the clerk or bring in counsel, without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Big Horn County?
File with the clerk of district court at the Big Horn County Courthouse, 121 W. 3rd St., Room 221, Hardin, MT 59034. Mail can be sent to P.O. Box 908, District Court, Hardin, MT 59034. Probate belongs in the District Court because the District Court has original jurisdiction over all civil and probate matters and exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111).
Does the Big Horn County district judge sit in Hardin or Columbus?
The estate is filed and kept in Hardin. Big Horn County is in Montana's 22nd Judicial District with Carbon and Stillwater Counties under Mont. Code Ann. § 3-5-101, and the district judge chambers in Columbus. That does not change where you file.
Is Big Horn County probate treated as a routine hearing matter?
Under the 22nd Judicial District local rules, probate proceedings are routine law and motion matters when they are reasonably expected to take less than 30 minutes. The rules say the district tries to schedule two law and motion dates monthly in each county, but you must ask the Big Horn County clerk for the actual date and time. Montana also has a statutory route for hearings and proof in uncontested cases (Mont. Code Ann. § 72-3-307).
How much does it cost to start probate in Big Horn County?
The probate commencement fee is $100.00 under the 2025 MCA, made up of $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 user surcharge under Mont. Code Ann. § 3-1-317. Confirm the current payment method with the clerk before filing.
Can I e-file a Big Horn County probate case?
E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. A self-represented personal representative files on paper with the clerk in Hardin. Attorneys may use electronic filing for Probate (DP) cases in Big Horn County District Court under the Montana Temporary Electronic Filing Rules and the Judicial Branch court policy at courts.mt.gov.
Can I fax my probate filing to the clerk in Hardin?
For a self-represented filer, use paper filing. The 22nd Judicial District local rules restrict facsimile filing in a county that has adopted electronic filing, and Big Horn County District Court is listed by courts.mt.gov as enabled for electronic filing. Call the clerk if you are unsure how a particular paper must be delivered.
Can I appear remotely in a Big Horn County probate matter?
Remote appearance is decided under the 22nd Judicial District local rules. Rule 32 allows the court to permit Zoom, telephone or another telecommunication method, but the party or counsel must file a motion at least 48 hours before the hearing and state whether the request is opposed. Mont. R. Civ. P. 43(a) separately addresses testimony by contemporaneous transmission for good cause in compelling circumstances.
Are there Big Horn County probate forms?
Big Horn County does not post a local probate packet on its District Court page. Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife, including the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 and the informal probate packet that includes Letters of Authority.
Do I have to travel to Hardin for a small estate?
If the property can be collected with the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the affidavit is presented to the holder of the personal property rather than used to open an estate. If Letters of Authority are needed, a self-represented filer can mail a paper application to the clerk in Hardin. If a hearing or conference is set, ask about the 22nd Judicial District local rules for a remote appearance motion.
Does Montana tax a Big Horn County inheritance?
Montana has no inheritance tax and Montana has no estate tax on a current death, and the Department of Revenue no longer issues a certificate or consent to close probate, according to revenue.mt.gov. An estate may still owe federal tax and may still need a Montana income tax return for the estate.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.