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Carter County, MT Probate Information
Quick facts
| Item | Carter County information |
|---|---|
| Court | Carter County District Court, Montana 16th Judicial District Court sitting in Carter County |
| Courthouse address | 214 Park Street, Ekalaka, MT 59324 |
| Mailing address | PO Box 322, Ekalaka, MT 59324-0322 |
| Phone | (406) 775-8714, clerk of district court |
| Fax | Ask the clerk before using fax for any filing route. |
| Hours | Monday through Friday, 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Mountain Time. Closed Saturday and Sunday. |
| Filing fee | $100.00 to commence a probate, current in the 2025 Montana Code Annotated. The total is the $70 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). Confirm the current amount with the clerk before you file. |
| Local forms | No Carter County-specific probate form is published on the clerk of district court page. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Carter County District Court is enabled for electronic filing in Probate, case type DP, for attorneys as of July 30, 2026. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. |
| Case lookup | Carter County District Court converted to FullCourt Enterprise in April 2022. Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov, and courts.mt.gov describes that portal as a courtesy rather than a required statutory service. |
| Remote appearance | The 16th Judicial District local rules require prior court permission for Judicial Video Network appearance by audio-video or telephone, requested by motion filed before the hearing. |
| Website | courts.mt.gov/CourtLocator/16thJudicialDistrict and cartercountymt.gov/departments/clerk_of_court.php |
Before you begin — know the assets and liabilities
Before you choose a Carter County filing path, list the decedent's assets, debts, title documents, beneficiary designations, and known creditors. Venue depends on the decedent's domicile at death, or, for a decedent not domiciled in Montana, on where Montana property was located (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement workflow can help you identify accounts before you file. Sunset searches across more than 2,300 institutions so the personal representative can see what may need probate, what may pass outside probate, and what information belongs in the Carter County packet.
Which court handles jurisdiction
Probate for Carter County is filed with the clerk of district court at the county courthouse in Ekalaka, 214 Park Street, Ekalaka, MT 59324. Mail goes to PO Box 322, Ekalaka, MT 59324-0322.
Carter County is one of seven counties in Montana's 16th Judicial District, with Carter, Custer, Fallon, Garfield, Powder River, Rosebud, and Treasure Counties (Mont. Code Ann. § 3-5-101). The district is divided into two departments; Carter County is in Department 2 with Fallon, Garfield, Rosebud, and Treasure Counties. The filing itself stays with the clerk of district court in Ekalaka.
Montana District Court has exclusive jurisdiction of all probate matters, and the District Court has original jurisdiction over civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). A will is proved and Letters are issued by the clerk of district court or the district judge. The Justice Court and City Court that sit in Ekalaka are courts of limited jurisdiction and do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the right Carter County starting point. If the decedent was domiciled in Carter County at death, or was not domiciled in Montana but left property in Carter County, venue is in Carter County under Mont. Code Ann. § 72-3-112.
- Prepare the opening papers. Informal probate uses an application to the clerk, while formal probate uses a petition with notice under Title 72. In an informal proceeding, the clerk of district court makes the required findings, may deny an application that does not meet them, and issues the statement of informal probate and Letters after the statutory waiting period (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- File with the clerk of district court in Ekalaka. A self-represented personal representative files on paper at 214 Park Street or by mail to PO Box 322. Attorneys may use electronic filing for Carter County Probate, case type DP, where enabled under courts.mt.gov and the Montana Temporary Electronic Filing Rules.
- Pay the filing fee. The probate commencement fee is $100.00, current in the 2025 Montana Code Annotated, 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.
- Wait for issuance when using the informal route. The statement of informal probate may issue only after at least 120 hours have elapsed since death, and informal appointment follows the parallel 120-hour rule, with a 30-day delay for some nonresident decedents (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Handle any hearing date through the Carter County clerk. Carter County's court page states that Law and Motion occurs on the second Tuesday of each month, but the clerk should confirm whether your matter is on that calendar and what papers the judge requires.
- Request remote participation only through the 16th Judicial District local rules. JVN audio-video or telephone appearance requires prior court permission by motion filed before the hearing; Montana Rule of Civil Procedure 43(a) allows contemporaneous transmission for testimony only for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- Qualify as personal representative. Before receiving Letters, the personal representative files any required bond and a statement of acceptance of duties (Mont. Code Ann. § 72-3-512). The Montana Judicial Branch packet calls the authority document Letters of Authority at courts.mt.gov.
- Administer the estate. After appointment, the personal representative gives notice to creditors by publication once a week for 3 successive weeks, with creditor claims generally due within 4 months after first publication, subject to the statutory claim bars (Mont. Code Ann. § 72-3-801, § 72-3-803).
- Prepare the inventory and move toward closing. The personal representative prepares an inventory within 9 months after appointment, listing probate property and values as required by Mont. Code Ann. § 72-3-607. Closing depends on the estate's route, creditor issues, taxes, distributions, and any court order.
Forms and documents
Probate forms in Carter County
Use the Montana Judicial Branch probate forms page at courts.mt.gov/Forms/endoflife. The statewide materials include the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the small estate packet under Mont. Code Ann. § 72-3-1101, the Affidavit of Death, and the Fiduciary Statement.
No Carter County-specific probate form is published on the Carter County clerk of district court page. If you are self-represented, call the clerk at (406) 775-8714 before filing to confirm the packet, number of copies, payment method, and whether the district judge wants any additional proposed order or cover sheet.
Timeline
- Before filing, identify the estate assets and decide whether Carter County is the proper venue under Mont. Code Ann. § 72-3-112.
- After death, informal probate and informal appointment cannot issue until at least 120 hours have elapsed, with the nonresident timing rule in Mont. Code Ann. § 72-3-225.
- For matters that need a hearing or judge review, Carter County's court page states that Law and Motion occurs on the second Tuesday of each month. Ask the clerk for the current time, calendar placement, and filing deadline.
- If remote participation is needed, file the JVN motion before the hearing under the 16th Judicial District local rules. The motion must ask for court permission and state whether the matter is contested and whether the request is for audio-video or telephone appearance.
- After appointment, publish notice to creditors once a week for 3 successive weeks. Creditors generally have 4 months after first publication, with the statutory bars in Mont. Code Ann. § 72-3-801 and § 72-3-803.
- Within 9 months after appointment, prepare the inventory required by Mont. Code Ann. § 72-3-607.
Local nuance
Carter County-specific considerations
| Topic | What it means in Carter County |
|---|---|
| 16th Judicial District department | Carter County is in Department 2 with Fallon, Garfield, Rosebud, and Treasure Counties. File in Ekalaka even though the district judge for the department is not chambered in Carter County. |
| Law and Motion | Carter County's court page states that Law and Motion occurs on the second Tuesday of each month. The page does not state a time, so call the clerk before planning travel. |
| JVN appearances | The 16th Judicial District local rules allow Judicial Video Network participation only with prior court permission. The request must be made by motion before the hearing and must say whether the matter is contested and whether the requested appearance is by audio-video or telephone. |
| Midday closure | The clerk's office hours are 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday, Mountain Time. |
Recent updates
| Date | Update |
|---|---|
| July 30, 2026 | Carter County District Court is listed by courts.mt.gov as enabled for electronic filing in Probate, case type DP, for attorneys. Self-represented litigants still file on paper because courts.mt.gov states that e-filing is not available to self-represented litigants at this time. |
| April 2022 | Carter County District Court converted to FullCourt Enterprise, which is the statewide case management system tied to the Montana District Court Public Access Portal described at courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Carter County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking the deed and account titles before filing. If Carter County probate assets need authority, file with the clerk of district court in Ekalaka and request Letters of Authority using the Montana Judicial Branch forms at courts.mt.gov. | Sunset helps collect title clues, account information, debts, and estate settlement tasks before you decide what belongs in the Carter County filing. |
| Out-of-state adult child w/ small estate | If the property is personal property and the conditions in Mont. Code Ann. § 72-3-1101 are met, the Affidavit for Collection of Personal Property may avoid opening a Carter County estate for those assets. If appointment is needed, a self-represented filer uses paper filing with the clerk in Ekalaka. | Sunset helps identify accounts across institutions, organize balances, and generate a packet for the path your attorney or the court confirms. |
| Parent settling predeceased child's estate, home must be sold | A sale of Carter County real property usually requires probate authority if title did not pass outside the estate. File in Carter County if venue is proper under Mont. Code Ann. § 72-3-112, then use the Letters of Authority from courts.mt.gov to work with the title company and buyer. | Sunset helps assemble the asset list, creditor list, contact information, and attorney referral needed for a real property estate settlement. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Court Help Program | A free Montana Supreme Court program for civil, non-criminal legal problems. The program can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/ or (406) 841-2975 |
| State Law Library Self-Help Law Center | The nearest staffed statewide self-help route for Carter County residents. It is not a Carter County courthouse office. | 215 N Sanders, Helena, MT, (406) 444-9300, courts.mt.gov |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter. | mtlsa.org/apply-for-services/ or HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association and linked by Carter County's court page. | montanalawhelp.org |
| Carter County clerk of district court | The clerk can provide forms and procedural information, but court staff cannot give legal advice or fill out your forms for you. | (406) 775-8714 |
When to hire an attorney
Counsel makes sense when heirs disagree, a will may be contested, real property must be sold, creditors are active, tax questions remain, or the clerk denies an informal application and a formal petition with notice is needed. Montana does not require every personal representative to hire counsel, but the court system cannot give legal advice, and 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 locate bank, investment, retirement, insurance, and other accounts that may matter to estate settlement.
Generate the probate packet. Sunset organizes the information needed for the Carter County District Court filing, including people, assets, debts, and the documents a personal representative may need to review with counsel or the clerk.
Find a local probate attorney. If the estate needs formal probate, a real property sale, creditor strategy, or a JVN hearing request under the 16th Judicial District local rules, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Sunset's estate settlement tools are free for families, with optional attorney help available when the estate needs it.
Frequently asked questions
Where do I file probate in Carter County, Montana?
File with the clerk of district court at the Carter County District Court, 214 Park Street, Ekalaka, MT 59324. Mail goes to PO Box 322, Ekalaka, MT 59324-0322. Venue is based on the decedent's domicile at death, or, for a decedent not domiciled in Montana, any county where Montana property was located (Mont. Code Ann. § 72-3-112).
Does Carter County have electronic filing for probate?
For attorneys, Carter County District Court is enabled for electronic filing in Probate, case type DP, as of July 30, 2026, under courts.mt.gov. E-filing is not available to self-represented litigants at this time, so a self-represented personal representative files on paper with the clerk of district court.
What is the probate filing fee in Carter County?
The filing fee to commence probate is $100.00, current in the 2025 Montana Code Annotated. It is 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 amount and payment method with the clerk before filing.
When are Carter County probate matters heard?
Carter County's court page states that Law and Motion occurs on the second Tuesday of each month. The page does not state a time, and not every informal probate matter needs a judge hearing because the clerk issues the statement of informal probate when the statutory requirements are met (Mont. Code Ann. § 72-3-215). Call the clerk for the current calendar.
Can I appear by video or phone for a Carter County probate hearing?
Only if the court gives permission under the 16th Judicial District local rules. The district uses the Judicial Video Network for audio-video or telephone appearance, but a motion must be filed before the hearing and must state whether the matter is contested and how the party proposes to appear. Montana Rule of Civil Procedure 43(a) allows contemporaneous transmission for testimony for good cause in compelling circumstances.
Are there Carter County probate forms?
No Carter County-specific probate form is published on the county's court page. Use the statewide Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, including the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101 and the packet that includes Letters of Authority.
Can I look up a Carter County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov, and courts.mt.gov describes the public access portal as a courtesy rather than a required statutory service. Carter County District Court converted to FullCourt Enterprise in April 2022. Call the clerk of district court to confirm what is available for a particular case.
Do I have to travel to Ekalaka to start probate?
If you are self-represented, plan for paper filing with the clerk of district court in Ekalaka or by mail to the Carter County mailing address. For any hearing, ask the clerk whether the matter will be placed on the second Tuesday Law and Motion calendar and whether a JVN motion under the 16th Judicial District local rules is appropriate.
Does Montana have inheritance tax or estate tax for a Carter County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death, according to revenue.mt.gov. The Department of Revenue says the inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not apply to deaths after December 31, 2004, and no Department of Revenue certificate or consent is required to close probate. An estate may still have federal tax issues or a Montana fiduciary income tax return.
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.