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Deer Lodge County, MT Probate Information
Quick facts
| Item | Deer Lodge County details |
|---|---|
| Court | The Deer Lodge County District Court, in Montana's 3rd Judicial District (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 800 South Main Street, Anaconda, MT 59711. The clerk of district court is on the second floor. |
| Mailing | 800 South Main Street, Anaconda, MT 59711. |
| Phone | (406) 563-4040 for the clerk of district court. |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current under the 2025 Montana Code Annotated. The amount 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). Confirm the current amount with the clerk of district court before you file. |
| Local forms | No Deer Lodge County-specific probate form or cover sheet is published. Use the Montana Judicial Branch 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. Attorneys may e-file probate case type DP in Anaconda-Deer Lodge County District Court under the Judicial Branch court policy dated July 30, 2026. |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Deer Lodge County District Court converted to FullCourt Enterprise in April 2024. |
| Remote appearance | The 3rd Judicial District does not publish a local rules PDF on the Judicial Branch site. Ask the clerk what the district judge requires. Montana allows testimony by contemporaneous transmission only for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | courts.mt.gov/CourtLocator/3rdJudicialDistrict and adlc.us/157/Clerk-of-District-Court. |
Before you begin — know the assets and liabilities
Before you file in Anaconda, identify what is actually in the probate estate, who has the original will if there is one, what debts are known, and which accounts pass outside probate. That asset list determines whether estate settlement can stay informal, needs a formal petition with notice, or may use the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101.
Sunset can help families organize estate settlement before the courthouse step by searching across more than 2,300 financial institutions for accounts and assets, then turning what is found into a cleaner probate packet for the Deer Lodge County clerk of district court.
Which court handles jurisdiction
Probate for Deer Lodge County is filed with the clerk of district court at the county courthouse in Anaconda, 800 South Main Street, Anaconda, MT 59711. Deer Lodge County is the consolidated Anaconda-Deer Lodge government; the separate town called Deer Lodge is in Powell County and has its own different clerk of district court at a different courthouse.
Deer Lodge County is one of three counties in Montana's 3rd Judicial District, with Granite and Powell Counties (Mont. Code Ann. § 3-5-101). The district judge for the 3rd Judicial District is chambered in the same Anaconda courthouse as the Deer Lodge County clerk of district court, so a Deer Lodge County probate matter is not routed to Powell County because of the shared name.
Venue for the first informal or formal probate 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).
Montana does not use a county-level tribunal or a standalone estate tribunal for probate: 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). The Justice Court and City Court that sit in Anaconda are courts of limited jurisdiction and have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the right opening paper. Use an application for informal probate or informal appointment through the clerk, or a petition for formal probate with notice if court action is needed (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife, including the application or petition, proposed statement of informal probate when appropriate, proposed Letters of Authority and any statement of acceptance required before letters issue (Mont. Code Ann. § 72-3-215, § 72-3-512).
- File with the clerk of district court at 800 South Main Street in Anaconda. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants through courts.mt.gov. An attorney may e-file a DP probate matter in Anaconda-Deer Lodge County District Court.
- Pay the $100.00 probate commencement filing fee, current under the 2025 Montana Code Annotated, unless the court grants a fee waiver through the Montana Judicial Branch process at courts.mt.gov (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- For informal probate, wait until at least 120 hours have elapsed since death before the clerk may issue the statement of informal probate, and use the clerk's office for any local filing instructions (Mont. Code Ann. § 72-3-215). For a nonresident decedent, informal appointment has a 30-day timing rule unless a statutory exception applies (Mont. Code Ann. § 72-3-225).
- Give required notice. After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditors generally have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- Attend any hearing the district judge sets. The 3rd Judicial District does not publish a local rules PDF on the Judicial Branch site, so ask the clerk of district court how the judge schedules Deer Lodge County probate matters and whether any request to appear remotely is available under local rules and Mont. R. Civ. P. 43(a).
- Receive authority. In an informal proceeding, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the written 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).
- Administer and close the estate. The personal representative gathers assets, handles claims, prepares an inventory within 9 months after appointment, current under Ch. 564, L. 2023, and completes distribution and closing steps required by Montana law (Mont. Code Ann. § 72-3-607).
Forms and documents
Probate forms in Deer Lodge County
Deer Lodge County does not publish a county-specific probate form, cover sheet or probate packet for filings in Anaconda. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife.
| Form or resource | Where it fits |
|---|---|
| How to Administer a Small Estate Packet | State Judicial Branch packet for informal probate and related Letters of Authority. Use with care because the applicable personal property affidavit statute is Mont. Code Ann. § 72-3-1101. |
| Affidavit for Collection of Personal Property of Decedent | Used by a claiming successor under Mont. Code Ann. § 72-3-1101 when the statute's conditions are met, including the $100,000 probate estate ceiling current under Ch. 453, L. 2023. |
| Fiduciary Statement | State Judicial Branch probate form for fiduciary information. |
| Affidavit of Death | State Judicial Branch probate form for death-related filing needs. |
The clerk can provide forms and general procedural information, but court staff cannot give legal advice or complete forms for you.
Local nuance
Deer Lodge County-specific considerations
| Local point | What it means for a Deer Lodge County filing |
|---|---|
| Anaconda, not the town of Deer Lodge | File at 800 South Main Street in Anaconda. The town called Deer Lodge is in Powell County, a different county in the same 3rd Judicial District (Mont. Code Ann. § 3-5-101). |
| Judge and clerk in the same building | The 3rd Judicial District judge is chambered in the same Anaconda courthouse as the Deer Lodge County clerk of district court, although the district also includes Granite and Powell Counties (Mont. Code Ann. § 3-5-101). |
| No published 3rd District local rules PDF | Do not assume a recurring probate hearing day or remote appearance procedure. Ask the clerk what the district judge requires. Remote testimony is discretionary under Mont. R. Civ. P. 43(a). |
| Attorney e-filing is enabled | Anaconda-Deer Lodge County District Court is enabled for attorney e-filing in DP probate cases under the Judicial Branch court policy dated July 30, 2026. E-filing is not available to self-represented litigants through courts.mt.gov. |
Recent updates
Deer Lodge County District Court converted to the state's FullCourt Enterprise case management system in April 2024, according to the Montana Judicial Branch District Courts page at courts.mt.gov. The Judicial Branch's court policy dated July 30, 2026 lists Anaconda-Deer Lodge County District Court as enabled for attorney e-filing in Probate DP cases, while stating that e-filing is not available to self-represented litigants.
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Deer Lodge County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Confirm which assets are probate assets before filing. If a Deer Lodge County probate is needed, file with the clerk of district court in Anaconda, not in the town of Deer Lodge. Venue follows domicile or Montana property under Mont. Code Ann. § 72-3-112. | Sunset identifies accounts, flags jointly held assets for review and helps organize the estate settlement packet before filing. |
| Out-of-state adult child with small estate | If only personal property is involved and the statute's conditions are met, the Affidavit for Collection of Personal Property may be available after 30 days, with the $100,000 probate estate ceiling current under Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). If a probate is needed, a self-represented filer uses paper filing with the Anaconda clerk because e-filing is not available to self-represented litigants through courts.mt.gov. | Sunset helps determine what institutions need documentation and can connect the family with a local attorney if the affidavit route is not enough. |
| Parent settling predeceased child's estate, home must be sold | Real property usually requires court authority through the Deer Lodge County District Court. The personal representative should plan for notice, Letters of Authority, creditor publication and an inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607, § 72-3-801). | Sunset gathers asset information, generates a practical estate settlement checklist and helps find a Montana probate attorney for the sale and court filings. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free civil legal information for people representing themselves. The program can provide information and resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/ and (406) 841-2975. |
| State Law Library self-help center in Helena | The nearest staffed Self-Help Law Center listed for the region. It is a statewide resource, not a Deer Lodge County courthouse office. | 215 N Sanders, Helena. Phone 406-444-9300. Listed at courts.mt.gov/SelfHelp/. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. Apply at mtlsa.org/apply-for-services/. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning topics. | montanalawhelp.org. |
| DPHHS Legal Services Developer Program | Plain-language forms and information for older Montanans, including documents linked from the Judicial Branch forms page. | 1 (800) 332-2272. |
When to hire an attorney
Counsel makes sense when family members disagree, a will may be challenged, the estate includes real property that must be sold, the personal representative lives outside Montana, creditors are disputed, or the clerk denies an informal application and a formal petition with notice is needed. Sunset connects families with a vetted attorney for Deer Lodge County probate when legal help is the safer path.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances and policies that may affect estate settlement in Deer Lodge County.
Generate the probate packet. Sunset turns the asset list, family information and court requirements into an organized probate packet for filing with the clerk of district court in Anaconda.
Find a local probate attorney. When a filing needs legal judgment, Sunset can connect the family with a vetted Montana probate attorney who understands District Court practice.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and decide whether a lawyer is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Deer Lodge County?
File with the clerk of district court at the Deer Lodge County District Court, 800 South Main Street, Anaconda, MT 59711. Do not go to the town called Deer Lodge for a Deer Lodge County filing; that town is in Powell County, a different county in Montana's 3rd Judicial District (Mont. Code Ann. § 3-5-101).
Is Deer Lodge County probate filed in Anaconda or Deer Lodge?
It is filed in Anaconda. Deer Lodge County is the Anaconda-Deer Lodge consolidated government, and the District Court for Deer Lodge County sits at the county courthouse in Anaconda.
Can I e-file a Deer Lodge County probate case myself?
No. 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 of district court. Attorneys may e-file DP probate cases in Anaconda-Deer Lodge County District Court under the Judicial Branch court policy dated July 30, 2026.
What is the filing fee for probate in Deer Lodge County?
The probate commencement filing fee is $100.00, current under the 2025 Montana Code Annotated. It combines 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). Confirm the current amount with the clerk before filing.
Are there Deer Lodge County probate forms?
Deer Lodge County does not publish a county-specific probate packet. The Montana Judicial Branch publishes probate forms at courts.mt.gov/Forms/endoflife, including the How to Administer a Small Estate Packet and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101.
How soon can informal probate issue in Deer Lodge County?
In an informal proceeding, the clerk of district court cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). For informal appointment involving a nonresident decedent, Montana has a 30-day timing rule unless a statutory exception applies (Mont. Code Ann. § 72-3-225).
Can I appear by video or phone for a Deer Lodge County probate matter?
The 3rd Judicial District does not publish a local rules PDF on the Judicial Branch site, so ask the clerk what the district judge requires. Montana does not give a statewide right to remote appearance, but testimony by contemporaneous transmission may be allowed for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How do I look up a Deer Lodge County probate case?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and Deer Lodge County District Court converted to FullCourt Enterprise in April 2024. The portal is described by the Judicial Branch as a courtesy rather than a required statutory service, so call the clerk of district court if you need to confirm what is available.
Does Montana have an inheritance tax or estate tax for a Deer Lodge County estate?
Montana has no inheritance tax and no estate tax on a current death. The Department of Revenue states at revenue.mt.gov that 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 owe federal tax or 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.