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Custer County, MT Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Custer County District Court, Montana 16th Judicial District Court in Custer County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 1010 Main Street, Miles City, MT 59301. |
| Mailing address | 1010 Main Street, Miles City, MT 59301. No separate mailing address is published for the Custer County District Court. |
| Phone | (406) 874-3326, clerk of district court. |
| Fax | (406) 874-3451. |
| [email protected]. | |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m., closed official county holidays. |
| Filing fee | $100.00 as of August 2026 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 | Custer County does not publish a county-specific probate form or cover sheet. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney may e-file in Custer County District Court for Probate (DP) case types under the Judicial Branch court policy dated July 30, 2026. |
| Case search | Montana publishes a District Court Public Access Portal through courts.mt.gov for courts converted to FullCourt Enterprise. Custer County District Court converted in February 2025. |
| Remote appearance | The 16th Judicial District local rules use the Judicial Video Network for video or telephone participation. Prior court permission is required, and a motion for JVN appearance must be filed no less than one hour before the hearing. |
| Website | custercountymt.gov/emergency-enforcement/district-court/ and courts.mt.gov/CourtLocator/16thJudicialDistrict. |
Before you begin — know the assets and liabilities
Before you file in Miles City, list the assets, debts, accounts, vehicles, real property, beneficiaries, and known creditors. The right estate settlement path depends on what is in the probate estate, who has priority to act, whether a will exists, and whether anyone is likely to object.
Sunset's estate settlement process can search across more than 2,300 financial institutions to help identify accounts and assets before you prepare the probate packet for the Custer County clerk of district court.
Which court handles jurisdiction
Probate for Custer County is filed with the clerk of district court at the county courthouse in Miles City, 1010 Main Street, Miles City, MT 59301. Venue for the first informal or formal proceeding is in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, in any county where the decedent's property was located; a petition for formal testacy or appointment is governed by Mont. Code Ann. § 72-3-301 (Mont. Code Ann. § 72-3-112).
Custer County is one of seven counties in Montana's 16th Judicial District, along with Carter, Fallon, Garfield, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). The 16th Judicial District local rules assign Department 1 to Custer and Powder River Counties, and the Custer County filing counter remains the Custer County clerk of district court in Miles City.
Montana has no county-level probate tribunal and no separate probate tribunal: the District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Justice Court and City Court that sit in Miles City, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Collect the will, death certificate information, asset list, debt list, beneficiary names, and addresses before starting the Custer County filing.
- Choose the correct Montana filing track. Informal probate uses an application to the clerk of district court, while formal probate uses a petition with notice to interested persons. In an informal proceeding the clerk of district court makes the findings the statute requires, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- Prepare the statewide Montana probate forms from courts.mt.gov/Forms/endoflife. Custer County does not publish a county-specific probate form or cover sheet, so ask the clerk of district court whether any current local cover page is needed before you file.
- File the application or petition with the clerk of district court at 1010 Main Street, Miles City, MT 59301. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time, according to courts.mt.gov; an attorney may e-file in Custer County District Court for Probate (DP) case types.
- Pay the $100.00 commencement amount as of August 2026. The amount is based on the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- If a hearing is needed, ask how the matter will be placed on the 16th Judicial District calendar. The 16th Judicial District local rules set Custer County Law and Motion every Monday and as needed, include probate matters on that calendar, and require matters to be calendared with the judicial assistant by 4:00 p.m. the business day before Law and Motion.
- If you need to participate by video or telephone, follow the 16th Judicial District local rules for the Judicial Video Network. Prior permission is required, the motion must say whether the matter is contested, whether any party objects and whether appearance will be by audio-video or telephone audio, and the motion must be filed no less than one hour before the hearing.
- After approval, the clerk of district court or the district judge issues the Statement of Informal Probate and the Letters of Authority through the court forms process at courts.mt.gov. 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).
- Administer the estate. The personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors have 4 months after the first publication to present claims or be forever barred, subject to the mailed-notice rule and the outer creditor limits (Mont. Code Ann. § 72-3-801, § 72-3-803). The personal representative prepares an inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), then completes distribution and the closing filing the case requires.
Forms and documents
Probate forms in Custer County
The Montana Judicial Branch publishes statewide probate forms under the heading "Wills, trusts, powers of attorney, estate planning, probate" at courts.mt.gov/Forms/endoflife. The Custer County District Court page does not publish a Custer County-specific probate form, cover sheet, or separate probate packet.
| Form or packet | Where it comes from | How it fits a Custer County filing |
|---|---|---|
| How to Administer a Small Estate Packet | Montana Judicial Branch, courts.mt.gov/Forms/endoflife | Contains informal probate forms, including the application, Statement of Informal Probate and Letters of Authority. The small estate reference must be read with Mont. Code Ann. § 72-3-1101 for the separate Affidavit for Collection of Personal Property route. |
| Affidavit for Collection of Personal Property of Decedent | Montana Judicial Branch, courts.mt.gov/Forms/endoflife | Used under Mont. Code Ann. § 72-3-1101 when that statute applies. It is presented to the person or institution holding personal property, not used to open a Custer County District Court case. |
| Fiduciary Statement | Montana Judicial Branch, courts.mt.gov/Forms/endoflife | Statewide probate form available for Montana estates. |
| Affidavit of Death | Montana Judicial Branch, courts.mt.gov/Forms/endoflife | Statewide form available from the same Montana Judicial Branch forms page. |
The clerk of district court can give general form information and can check for signatures, notarization, the correct county name, and a case number, but court staff cannot give legal advice or correct the forms for you.
Timeline
- After death, an informal statement of probate or informal appointment cannot issue until at least 120 hours have elapsed; for a nonresident decedent, informal appointment has a 30-day delay unless the statutory exception applies (Mont. Code Ann. § 72-3-215, § 72-3-225).
- For Custer County scheduling, the 16th Judicial District local rules place Custer County Law and Motion every Monday and as needed. The rules state that Law and Motion includes probate matters and that matters must be calendared with the judicial assistant by 4:00 p.m. the business day before Law and Motion.
- If Judicial Video Network participation is requested, the 16th Judicial District local rules require prior court permission and require the motion for JVN appearance to be filed no less than one hour before the hearing.
- After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks; creditors have 4 months after the date of first publication, subject to the mailed-notice rule (Mont. Code Ann. § 72-3-801).
- Within 9 months after appointment, the personal representative prepares the inventory of probate property, including fair market value and encumbrance information (Mont. Code Ann. § 72-3-607).
Local nuance
Custer County-specific considerations
| Local point | What it means |
|---|---|
| Department 1 is based in Miles City | Custer County is in a seven-county judicial district, but the 16th Judicial District local rules assign Custer and Powder River Counties to Department 1, and the Department 1 judge is based in Miles City. File with the Custer County clerk of district court, not with another county's clerk (Mont. Code Ann. § 3-5-101). |
| Monday Law and Motion | The 16th Judicial District local rules set Custer County Law and Motion every Monday and as needed, and list probate matters on that calendar. They do not give a guaranteed hearing wait. |
| Judicial Video Network | The 16th Judicial District local rules allow JVN participation for routine proceedings with prior court permission, by video or telephone, but generally discourage JVN for contested proceedings. A motion is required and must be filed no less than one hour before the hearing. |
Recent updates
| Update | What changed for Custer County |
|---|---|
| FullCourt Enterprise conversion | Custer County District Court converted to FullCourt Enterprise in February 2025, according to courts.mt.gov, so Custer County is included in Montana's District Court Public Access Portal framework. |
| Electronic filing policy | Judicial Branch documents dated July 30, 2026 list Custer County District Court as an e-filing court and include Probate (DP) case types, while courts.mt.gov states that e-filing is not available to self-represented litigants. |
Scenarios
| Situation | Likely Custer County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and what assets are actually in the probate estate. If a Custer County probate filing is needed, file with the clerk of district court in Miles City under the Montana venue rule for domicile or property (Mont. Code Ann. § 72-3-112). | Sunset helps organize title clues, accounts, debts, and beneficiary information so the estate settlement packet matches what is actually in the estate. |
| Out-of-state adult child with a small estate | If only personal property is involved and the Montana conditions fit, the Affidavit for Collection of Personal Property may be used under Mont. Code Ann. § 72-3-1101 after 30 days, with the current $100,000 ceiling as of August 2026. If a court appointment is needed, file on paper with the Custer County clerk of district court because e-filing is not available to self-represented litigants at courts.mt.gov. | Sunset helps determine what accounts and property exist, then helps prepare the next-step packet and connect with local counsel if the affidavit route does not fit. |
| Parent settling predeceased child's estate, home must be sold | A sale of a home often requires authority from a personal representative. File the appropriate Montana application or petition with the Custer County clerk of district court in Miles City, then use the Letters of Authority issued through the court forms process at courts.mt.gov to show authority after appointment. | Sunset helps assemble asset and debt information, generate probate paperwork, and coordinate with a vetted attorney when a real property sale or family disagreement makes the estate settlement more complex. |
Self-help resources
| Resource | Contact | How it helps |
|---|---|---|
| Custer County clerk of district court | 1010 Main Street, Miles City, MT 59301; (406) 874-3326; [email protected] | Accepts Custer County District Court filings, provides general court information, and can provide forms and instructions. Court staff cannot give legal advice. |
| Montana Court Help Program | courts.mt.gov/SelfHelp/; (406) 841-2975 | 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. |
| State Law Library Self-Help Law Center | 215 N Sanders, Helena; (406) 444-9300; [email protected]; courts.mt.gov/SelfHelp/ | Custer County does not have a staffed Self-Help Law Center listed on courts.mt.gov/SelfHelp/. The State Law Library center is the statewide self-help location. |
| Montana Legal Services Association | mtlsa.org; apply at mtlsa.org/apply-for-services/; HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. | Statewide civil legal aid intake. It should not be treated as a promise of probate representation. |
| MontanaLawHelp.org | montanalawhelp.org, provided by Montana Legal Services Association | Public self-help library with Montana civil legal information. |
When to hire an attorney
Consider a probate attorney if the will may be contested, family members disagree, the estate includes real property that must be sold, creditor claims are unclear, a business is involved, or you are handling the Custer County filing from outside Montana. Montana does not require every personal representative to hire a lawyer, but the Court Help Program cannot give legal advice or represent you in court, and the Judiciary's own probate materials tell readers to ask a lawyer when the estate is complicated. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset helps families search more than 2,300 financial institutions for accounts and assets, then organize what belongs in the Custer County estate settlement.
Generate the probate packet. Sunset uses the information you provide to help prepare the Montana probate paperwork for filing with the Custer County clerk of district court in Miles City.
Find a local probate attorney. When the estate needs legal advice, a contested hearing, a real property sale, or formal probate with notice, Sunset can connect you with a vetted Montana probate attorney.
Sunset is free for families. Sunset is built to reduce the administrative burden of estate settlement and help families move from asset discovery to the right probate next step.
Frequently asked questions
Where do I file probate in Custer County, Montana?
File with the clerk of district court at the Custer County District Court, 1010 Main Street, Miles City, MT 59301. Venue is usually the county where the decedent had domicile at death, or, for a decedent not domiciled in Montana, a county where the decedent had property (Mont. Code Ann. § 72-3-112).
Is Custer County in the 16th Judicial District?
Yes. Custer County is in Montana's 16th Judicial District with Carter, Fallon, Garfield, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). Custer County cases are still filed at the Custer County clerk of district court in Miles City.
Can I e-file a Custer County probate case myself?
No. Courts.mt.gov states that e-filing is not available to self-represented litigants at this time. A self-represented personal representative files on paper with the Custer County clerk of district court. An attorney may e-file in Custer County District Court for Probate (DP) case types under the Judicial Branch policy dated July 30, 2026.
What is the filing fee for probate in Custer County?
The probate commencement amount is $100.00 as of August 2026. It comes from the $70 probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
Does Custer County have its own probate forms?
Custer County does not publish a county-specific probate form or cover sheet. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife, and ask the clerk of district court whether any current local cover page is needed.
When are probate matters heard in Custer County?
The 16th Judicial District local rules place Custer County Law and Motion every Monday and as needed. The rules list probate matters on that calendar and require matters to be calendared with the judicial assistant by 4:00 p.m. the business day before Law and Motion. They do not provide a guaranteed wait time.
Can I appear by video or phone for a Custer County probate hearing?
Possibly, if the court gives prior permission. The 16th Judicial District local rules use the Judicial Video Network for video or telephone participation, require a motion, and require that motion to be filed no less than one hour before the hearing. Montana also allows testimony by contemporaneous transmission from another location only for good cause in compelling circumstances and with safeguards (Mont. R. Civ. P. 43(a)).
How do I look up a Custer County District Court probate case?
Montana publishes a District Court Public Access Portal through courts.mt.gov for courts converted to FullCourt Enterprise. Custer County District Court converted in February 2025. The Judicial Branch describes the portal as a courtesy rather than a required statutory service, so call the clerk of district court to confirm what is available. The clerk can also perform a record search for $2 per name per year for up to 7 years and $1 per name for each additional year as of August 2026 (Mont. Code Ann. § 25-1-201).
Do I have to travel outside Miles City for a Custer County probate filing?
For filing, use the Custer County clerk of district court in Miles City. Custer County is in a multi-county judicial district, but the 16th Judicial District local rules assign Custer County to Department 1, which is based in Miles City (Mont. Code Ann. § 3-5-101). Ask the clerk how any hearing will be scheduled.
Does Montana collect inheritance tax or estate tax for a current Custer County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue states at revenue.mt.gov that the inheritance tax reaches no death after January 1, 2001, the estate tax reaches no death after December 31, 2004, and the Department of Revenue no longer requires a certificate or consent to close probate. An estate may still owe federal tax and may still have to file 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.