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Carbon County, MT Probate Information
Quick facts
| Item | Carbon County information |
|---|---|
| Court | The Carbon County District Court, Montana 22nd Judicial District Court in Carbon County (Mont. Code Ann. § 3-5-101, § 3-5-302). |
| Courthouse address | Carbon County Courthouse, 102 North Broadway, Red Lodge, MT 59068. |
| Mailing address | PO Box 948, Red Lodge, MT 59068. |
| Phone | (406) 446-1225, clerk of district court. |
| Fax | Call the clerk before sending any document by fax. |
| Hours | Carbon County publishes county office hours as weekdays, except legal holidays, 8 a.m. to 5 p.m. |
| Filing fee | $100.00 under the current 2025 Montana Code to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The figure is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | No Carbon County-specific probate form is listed on the county District Court page. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Carbon County District Court is enabled for electronic filing on DP probate cases. The Judicial Branch states that e-filing is not available to self-represented litigants at this time, so a self-represented filer should file on paper with the clerk of district court. Attorneys must e-file in counties that have adopted electronic filing under the 22nd Judicial District local rules and courts.mt.gov guidance. |
| Case search | Carbon County District Court converted to FullCourt Enterprise in August 2021. Montana publishes a District Court public access portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and the clerk can also perform a record search for the 2025 statutory search charges in Mont. Code Ann. § 25-1-201. |
| Remote appearance | The 22nd Judicial District local rules allow the court to consider a remote appearance by Zoom, telephone, or another telecommunication method if a motion is filed at least 48 hours before the hearing. The court decides whether to grant the request. |
| Website | Carbon County District Court page: https://carbonmt.gov/district-court/. Montana Judicial Branch Court Locator: https://courts.mt.gov/CourtLocator/22ndJudicialDistrict. |
Before you begin — know the assets and liabilities
Before you choose a Carbon County probate path, make a working list of the decedent's assets, debts, beneficiary designations, co-owners, and real estate. Montana venue turns on the decedent's domicile at death, or property in Montana if the decedent was not domiciled in Montana, so the first estate settlement step is to understand what actually belongs in the probate case (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement platform can help families search across more than 2,300 institutions for accounts, insurance, investments, and liabilities before forms are filed in Red Lodge. That asset picture helps you decide whether the matter belongs in an informal application with the clerk, a formal petition with notice, or another Montana procedure.
Which court handles jurisdiction
Probate for Carbon County is filed with the clerk of district court at the Carbon County Courthouse in Red Lodge, 102 North Broadway, PO Box 948, Red Lodge, MT 59068. Carbon County is one of three counties in Montana's 22nd Judicial District, with Big Horn and Stillwater Counties, which is the district structure set by Mont. Code Ann. § 3-5-101. The district judge is chambered in Columbus, in Stillwater County, but a Carbon County estate is filed and kept in Red Lodge.
Montana District Courts have original jurisdiction over all civil and probate matters, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111). A will is proved and Letters are issued by the clerk of district court or the district judge, not by the Justice Court or City Court. The Justice Court and City Court are courts of limited jurisdiction and have no probate authority (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had the decedent's domicile at death, or, if the decedent was not domiciled in Montana, in any county where the decedent's property was located (Mont. Code Ann. § 72-3-112, § 72-3-301).
The jurisdiction process
- Choose the right opening document. Use an application for informal probate or informal appointment with the clerk, or a petition for formal probate with notice when a judicial decision is needed. In an informal proceeding the clerk of district court makes the findings required by statute and issues the statement of informal probate and the Letters when the requirements are met (Mont. Code Ann. § 72-1-103, § 72-3-212, § 72-3-215, § 72-3-225, § 72-3-301).
- Prepare the statewide Montana probate forms and any supporting documents, including the original will if there is one. Carbon County does not list a county-specific probate form, so use the Montana Judicial Branch forms at courts.mt.gov/Forms/endoflife and check with the clerk of district court in Carbon County before filing.
- File with the clerk of district court at the Carbon County Courthouse in Red Lodge, not with the judge's chambers in Columbus. A self-represented personal representative files on paper with the clerk. Attorneys must e-file because Carbon County District Court has adopted electronic filing for DP probate cases, and courts.mt.gov states that e-filing is not available to self-represented litigants.
- Pay the filing fee. The current 2025 Montana Code filing fee to commence a formal, informal, or ancillary probate is $100.00, 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. Carbon County's clerk publication lists the same $100.00 amount.
- Wait for authority to issue. Informal probate and informal appointment cannot issue until at least 120 hours have elapsed since death, and informal appointment for a nonresident decedent may require a 30-day delay unless a statutory exception applies (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Handle notice and creditor publication. After appointment, the personal representative publishes notice once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditors have 4 months after the first publication to present claims under Mont. Code Ann. § 72-3-801. Claims can also be barred by the 1 year limit in Mont. Code Ann. § 72-3-803.
- Schedule any hearing or law and motion appearance through the Carbon County clerk. The 22nd Judicial District local rules say routine matters include probate proceedings and that the court makes reasonable efforts to schedule two law and motion dates monthly in each county. Consult the clerk for the date and time.
- Ask early if a remote appearance is needed. Under the 22nd Judicial District local rules, a party or counsel seeking to appear remotely by Zoom, telephone, or another telecommunication method must file a motion at least 48 hours before the hearing, state that the opposing party was consulted, and state whether the request is opposed. Montana also permits testimony by contemporaneous transmission only in the circumstances allowed by Mont. R. Civ. P. 43(a).
- Qualify before acting for the estate. Before receiving letters, the personal representative must file any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The Judicial Branch statewide packet calls the authority document Letters of Authority on courts.mt.gov.
- Administer and close the estate. Prepare the inventory within 9 months after appointment, listing probate property with reasonable detail and fair market value, then pay allowed claims, distribute assets, and file the closing papers required for the chosen route (Mont. Code Ann. § 72-3-607).
Forms and documents
Probate forms in Carbon County
The Carbon County District Court page does not list a Carbon County-specific probate form. For a Carbon County estate, start with the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife, then ask the clerk of district court in Carbon County whether the local rules require anything else for your filing.
| Form resource | Where it fits |
|---|---|
| Affidavit of Death | A statewide probate-related form listed by the Montana Judicial Branch at courts.mt.gov/Forms/endoflife. |
| Affidavit for Collection of Personal Property of Decedent | A statewide form tied to collection of personal property by affidavit under Mont. Code Ann. § 72-3-1101. It is presented to the holder of property when the statutory conditions are met, not filed as an estate opening. |
| How to Administer a Small Estate Packet | A statewide packet on courts.mt.gov that includes an application for informal probate, a statement of informal probate, Letters of Authority, acceptance materials, and related forms. Use it only if it matches the estate and court instructions. |
| Fiduciary Statement | A statewide probate-related form listed by the Montana Judicial Branch at courts.mt.gov/Forms/endoflife. |
| 22nd Judicial District local rules | Carbon County's local rules explain law and motion scheduling, electronic filing, Standing Master structure, and remote appearance motions. They do not replace the statewide probate forms. |
Fees
Carbon County publishes clerk cost details that match the statewide 2025 Montana Code filing fee structure. The probate commencement amount is not set by Carbon County. It comes from the state statutes for the base fee, the additional filing fee, and the court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
| Cost item | Amount and authority |
|---|---|
| Formal, informal, or ancillary probate commencement | $100.00 under Carbon County's October 2025 clerk publication and the 2025 Montana Code, 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. |
| Foreign probate with certificate | $85 under Carbon County's October 2025 clerk publication and the 2025 Montana Code (Mont. Code Ann. § 25-1-201). |
| Certification with seal | $2.00 under Carbon County's October 2025 clerk publication and the 2025 Montana Code (Mont. Code Ann. § 25-1-201). |
| Hard copies | $1.00 per page for the first 10 pages and $0.50 per page after that under Carbon County's October 2025 clerk publication and the 2025 Montana Code (Mont. Code Ann. § 25-1-201). |
| Electronic image copies | $0.25 per outgoing page and $0.50 per incoming page under Carbon County's October 2025 clerk publication and the 2025 Montana Code (Mont. Code Ann. § 25-1-201). |
| Record search | $2.00 per name per year for up to 7 years, then $1.00 per name per additional year, under Carbon County's October 2025 clerk publication and the 2025 Montana Code (Mont. Code Ann. § 25-1-201). |
| Notarization or oath and jurat with court seal | $1.00 under Carbon County's October 2025 clerk publication and the 2025 Montana Code (Mont. Code Ann. § 25-1-201). |
Timeline
- For routine probate proceedings, the 22nd Judicial District local rules treat probate as a law and motion matter when it is expected to take less than 30 minutes.
- The local rules say the court will make reasonable efforts to schedule two law and motion dates monthly in each county. Carbon County does not publish a fixed weekday in the local rules, so consult the clerk of district court for the time and date.
- If a remote appearance is needed, the 22nd Judicial District local rules require a motion no later than 48 hours before the hearing or conference. The motion must say that the opposing party was consulted and whether the request is opposed.
- The court may grant or deny the remote appearance request in its sole discretion under the local rules. Montana's statewide testimony rule also allows contemporaneous transmission only for good cause in compelling circumstances with appropriate safeguards (Mont. R. Civ. P. 43(a)).
Local nuance
Carbon County-specific considerations
| Local point | What it means for a Carbon County estate |
|---|---|
| Judge chambered outside Carbon County | The district judge for Montana's 22nd Judicial District is chambered in Columbus, in Stillwater County, but Carbon County estate filings are made and kept with the clerk of district court in Red Lodge (Mont. Code Ann. § 3-5-101). |
| Probate on law and motion | The 22nd Judicial District local rules list probate proceedings as routine law and motion matters when they are expected to take less than 30 minutes. The clerk gives the local time and date. |
| Standing Master exists | The 22nd Judicial District local rules establish a Standing Master for the district. The local rules should not be read as assigning every probate issue to that officer, so ask the clerk what is scheduled before whom in a specific case. Carbon County information about the district courts is also available through courts.mt.gov. |
| Electronic filing on DP cases | Carbon County District Court is enabled for DP probate electronic filing. Attorneys must e-file under the 22nd Judicial District local rules in counties that have adopted electronic filing, while courts.mt.gov states that e-filing is not available to self-represented litigants. |
Recent updates
| Update | What changed locally |
|---|---|
| 22nd Judicial District local rules effective January 1, 2024 | The rules identify probate proceedings as routine law and motion matters, include Rule 30 on electronic filing, Rule 31 on the Standing Master, and Rule 32 on remote appearance motions. |
| Carbon County DP e-filing listed by the county and courts.mt.gov | Carbon County District Court lists DP probate cases among enabled electronic filing case types, while courts.mt.gov states that e-filing is not available to self-represented litigants. |
| FullCourt Enterprise conversion | Carbon County District Court appears on the Montana Judicial Branch FullCourt Enterprise conversion list as converted in August 2021, which matters for the District Court public access portal described at courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Archetype | Likely Carbon County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by confirming how the home is titled and which assets are probate assets. If a Carbon County probate is needed, file with the clerk of district court in Red Lodge under the venue rule for domicile or Montana property (Mont. Code Ann. § 72-3-112). | Sunset helps identify accounts, debts, title clues, and beneficiary designations before the spouse chooses the estate settlement path. |
| out-of-state adult child w/ small estate | Check whether the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 fits. If an appointment is needed instead, the Carbon County filing is made in Red Lodge, and a remote appearance request must follow the 22nd Judicial District local rules. | Sunset helps organize assets, generate a probate packet, and connect the family with Montana counsel if the child is managing the estate from outside Carbon County. |
| parent settling predeceased child's estate, home must be sold | A home sale often requires court authority through a personal representative if title is in the decedent's name. File the Carbon County estate with the clerk of district court in Red Lodge, then use the Letters of Authority issued through the court process to work with title, banking, and sale tasks through courts.mt.gov forms and court instructions. | Sunset helps gather documents, find liabilities, prepare next-step checklists, and connect the parent with a vetted probate attorney for the sale and court filings. |
Self-help resources
| Resource | How to use it for a Carbon County estate |
|---|---|
| Carbon County clerk of district court | Call (406) 446-1225 for filing logistics, law and motion dates, paper filing instructions for self-represented litigants, and questions about local rules. Clerks can give forms and general procedural information, but they cannot give legal advice. |
| Montana Supreme Court Court Help Program | The Court Help Program is a statewide civil resource listed at courts.mt.gov/SelfHelp/ and can be reached at (406) 841-2975. The program can provide legal information and direct people to resources, but it cannot give legal advice or represent you in court. |
| State Law Library Self-Help Law Center | Carbon County does not have a staffed Self-Help Law Center listed for the courthouse. The State Law Library center in Helena is a statewide courts.mt.gov resource, 215 N Sanders, Helena, (406) 444-9300. |
| Montana Legal Services Association | MLSA is the statewide civil legal aid provider at mtlsa.org, with HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. Its current intake limits mean families should not assume MLSA will take a probate matter. |
| MontanaLawHelp.org | MontanaLawHelp.org is the public self-help library connected with Montana Legal Services Association and includes life and estate planning information linked from the Montana Judicial Branch forms page. |
When to hire an attorney
Counsel makes sense in a Carbon County estate when the family disagrees about who should serve, the will is contested, real estate must be sold, creditors are active, assets are hard to identify, or the personal representative lives outside Montana and needs help with local rules, remote appearance motions, and title work. Montana does not require every personal representative to start with a lawyer, and the Court Help Program at courts.mt.gov cannot give legal advice or represent you in court, so complex estate settlement questions should be reviewed by counsel. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investments, insurance, loans, and other assets or liabilities that may affect a Carbon County estate settlement.
Generate the probate packet. Sunset helps turn the asset list and family information into an organized packet for the Carbon County District Court process, including the details a personal representative needs before filing with the clerk of district court in Red Lodge.
Find a local probate attorney. When a Carbon County matter needs legal advice, a contested filing, a home sale, or help with 22nd Judicial District local rules, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand what information is missing, and decide when professional help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in Carbon County?
File with the clerk of district court at the Carbon County Courthouse, 102 North Broadway, Red Lodge, MT 59068. Carbon County is in Montana's 22nd Judicial District under Mont. Code Ann. § 3-5-101, but the filing counter for a Carbon County estate is in Red Lodge.
Why is the district judge in Columbus if the estate is in Carbon County?
The 22nd Judicial District includes Big Horn, Carbon, and Stillwater Counties, and the district judge is chambered in Columbus. That does not move the Carbon County filing counter. A Carbon County estate is filed and kept with the clerk of district court in Red Lodge (Mont. Code Ann. § 3-5-101).
Does Carbon County have electronic filing for probate?
Yes for attorneys on DP probate cases, because Carbon County District Court is enabled for electronic filing and the 22nd Judicial District local rules make use mandatory for lawyers in counties that have adopted electronic filing. The Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time, so a self-represented filer should file on paper with the clerk.
How much is the Carbon County probate filing fee?
The current 2025 Montana Code amount to commence a formal, informal, or ancillary probate is $100.00, consisting 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. Carbon County's clerk publication lists the same $100.00 amount.
Are there Carbon County probate forms?
Carbon County does not list county-specific probate forms on its District Court page. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife and ask the clerk of district court in Carbon County whether the local rules require anything else.
When are Carbon County probate hearings scheduled?
The 22nd Judicial District local rules list probate proceedings as routine law and motion matters when they are expected to take less than 30 minutes. The rules say the court makes reasonable efforts to schedule two law and motion dates monthly in each county, but they do not give Carbon County a fixed weekday. Call the clerk for the date and time.
Can I ask for a remote appearance in a Carbon County probate matter?
The 22nd Judicial District local rules allow the court to consider a remote appearance request by Zoom, telephone, or another telecommunication method. A motion must be filed at least 48 hours before the hearing, must say the opposing party was consulted, and must say whether the request is opposed. The court decides whether to grant it, and Montana's statewide testimony rule is Mont. R. Civ. P. 43(a).
How do I look up a Carbon County probate case?
Carbon County District Court converted to FullCourt Enterprise in August 2021. Montana publishes a District Court public access portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and the Judicial Branch describes portal access as a courtesy rather than a required statutory service. The clerk can also perform a record search for the current 2025 statutory charge under Mont. Code Ann. § 25-1-201.
Does Montana have an inheritance tax or estate tax for a Carbon County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue states at revenue.mt.gov that the inheritance tax applies to no death after January 1, 2001, the estate tax applies to no death after December 31, 2004, and no Department of Revenue certificate or consent is required to close probate. An estate may still owe federal tax or a Montana fiduciary income tax filing.
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.