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Fergus County, MT Probate Information
Quick facts
| Item | Fergus County detail |
|---|---|
| Court | Fergus County District Court, Montana 10th Judicial District Court in Fergus County (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 712 W Main Street, Suite 303, Lewistown, MT 59457 |
| Mailing | Use the courthouse address: 712 W Main Street, Suite 303, Lewistown, MT 59457 |
| Clerk phone | (406) 535-5026 |
| Fax | (406) 535-6076 |
| Hours | 8:00 AM to 5:00 PM, Monday through Friday |
| Filing fee | $100 as of August 2026 to commence a formal, informal or ancillary probate. The total 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). |
| Local forms | Fergus County does not list a county-specific probate packet. Use Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Self-represented litigants file on paper with the clerk of district court. Attorneys may e-file probate case type DP in Fergus County through the Montana Judicial Branch electronic filing system, courts.mt.gov. |
| Case search | Fergus County District Court converted to FullCourt Enterprise in July 2022. Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, or call the clerk. |
| Remote appearance | Controlled by the 10th Judicial District local rules. In uncontested probate proceedings with complete paperwork and no objection, personal appearance is generally not required unless the court orders otherwise (Mont. Code Ann. § 72-3-307). |
| Court website | courts.mt.gov/CourtLocator/10thJudicialDistrict; fergusmt.gov/departments/clerk-court |
Before you begin — know the assets and liabilities
Before you file anything in Fergus County, identify the assets, debts, beneficiaries and titled property involved. Montana venue depends on the decedent's domicile at death, or, for a decedent not domiciled in Montana, on where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Estate settlement goes faster when the asset picture is complete. Sunset's 2,300-institution asset discovery helps families look for accounts, insurance, retirement assets and other property before they choose a court filing path or prepare the Fergus County packet.
Which court handles jurisdiction
Probate for Fergus County is filed with the clerk of district court at the county courthouse in Lewistown, 712 W Main Street, Suite 303, Lewistown, MT 59457. Fergus County is one of three counties in Montana's 10th Judicial District, with Judith Basin and Petroleum Counties (Mont. Code Ann. § 3-5-101).
Fergus County is the seat of the 10th Judicial District. The district judge is chambered in Lewistown in the same building as the clerk of district court in Fergus County, and district-wide Law and Motion is regularly held in the Fergus County Courthouse under the 10th Judicial District local rules.
Montana probate is handled in District Court. 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 Lewistown, do not handle probate filings (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 domicile at death, or, if the decedent was not domiciled in Montana, in any Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Choose the Montana track before you prepare the packet. An informal probate uses an application to the clerk; a formal probate uses a petition with notice to interested persons, and formal testacy starts under Mont. Code Ann. § 72-3-301.
- Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. Fergus County does not list a county-specific probate packet.
- File the application or petition on paper with the clerk of district court at 712 W Main Street, Suite 303, Lewistown, MT 59457, unless an attorney is filing electronically through the court-enabled DP case type on courts.mt.gov.
- Pay the $100 filing fee as of August 2026, made up of the $70 probate fee, $20 additional filing fee and $10 user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
- For an informal proceeding, the clerk of district court reviews the application and makes the statutory findings. The clerk may issue the statement of informal probate after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-215).
- If appointment is approved, the personal representative qualifies by filing any required bond and a statement of acceptance before receiving Letters of Authority through the court forms at courts.mt.gov (Mont. Code Ann. § 72-3-512).
- If the matter needs a hearing, follow the 10th Judicial District local rules. Uncontested civil Law and Motion is regularly set for Monday mornings at the Fergus County Courthouse, and uncontested formal probate procedure is recognized by Montana law (Mont. Code Ann. § 72-3-307).
- For Zoom or other remote participation, follow the 10th Judicial District local rules. Personal appearance is generally not required for an uncontested probate proceeding when proper documentation is supplied and no interested party objects, but the court can order appearance and the party must notify court personnel before the hearing.
- After appointment, administer the estate: collect assets, handle creditor notice, pay valid claims and distribute property. Montana creditors are addressed through publication once a week for 3 successive weeks, with claims generally due within 4 months after first publication (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, listing probate property with reasonable detail and fair market value as of the date of death (Mont. Code Ann. § 72-3-607). Use the correct closing procedure when administration is complete.
Forms and documents
Probate forms in Fergus County
Fergus County does not list a county-specific probate packet on its clerk of district court page. The Montana Judicial Branch probate forms are posted at courts.mt.gov/Forms/endoflife under the wills, trusts, powers of attorney, estate planning and probate category.
The statewide forms include the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the How to Administer a Small Estate Packet under Mont. Code Ann. § 72-3-1101, the Fiduciary Statement, the Affidavit of Death and related estate planning forms. The packet uses Montana's Letters of Authority wording through the court forms at courts.mt.gov.
The clerk can provide forms and general procedural information, but court staff cannot give legal advice or complete the forms for you.
Timeline
- At filing, use the clerk of district court in Fergus County at 712 W Main Street, Suite 303, Lewistown. The $100 filing fee is current as of August 2026 and is tied to Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- For informal probate, the clerk cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215).
- Under the 10th Judicial District local rules, Law and Motion for the district is regularly held in the Fergus County Courthouse. Uncontested civil Law and Motion is listed for Monday mornings, but court orders control the actual setting, and uncontested formal probate procedure is addressed by Mont. Code Ann. § 72-3-307.
- For an uncontested probate proceeding with proper documentation and no objection, the 10th Judicial District local rules generally do not require personal appearance unless the court orders otherwise. A Zoom appearance still requires advance notice to court personnel under the local rules.
- After appointment, publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county. Creditors generally have 4 months after the first publication to present claims (Mont. Code Ann. § 72-3-801).
- Prepare the inventory within 9 months after appointment, not 9 months after death (Mont. Code Ann. § 72-3-607).
Local nuance
Fergus County-specific considerations
Fergus County is unusually convenient for a multi-county Montana judicial district because it is also the seat of the 10th Judicial District. The district judge is chambered in Lewistown, and district-wide Law and Motion is regularly held at the Fergus County Courthouse under the 10th Judicial District local rules (Mont. Code Ann. § 3-5-101).
The 10th Judicial District local rules say telephonic or video testimony and appearances are the exception rather than the rule. They also say personal appearance is generally not required in probate proceedings when proper documentation has been supplied and no interested party objects, unless the court orders otherwise. For substantive or non-routine hearings, a Zoom appearance requires a motion filed at least two business days before the hearing and is not guaranteed under the local rules. Montana also allows testimony by contemporaneous transmission only for good cause in compelling circumstances with appropriate safeguards (Mont. R. Civ. P. 43(a)).
Recent updates
| Update | What it means in Fergus County |
|---|---|
| 10th Judicial District local rules dated November 5, 2025 | The rules provide the Law and Motion schedule in Fergus County and the local approach to Zoom or other remote participation in probate proceedings. |
| Fergus County electronic filing policy as of July 30, 2026 | Fergus County District Court is enabled for attorney electronic filing in probate case type DP through courts.mt.gov, while e-filing is not available to self-represented litigants. |
| Fergus County FullCourt Enterprise conversion in July 2022 | Fergus County District Court cases and public hearing calendars are tied to the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Fergus County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home is titled and whether any assets still require a Fergus County District Court probate. If probate is needed, file with the clerk of district court in Lewistown under the Montana venue rule (Mont. Code Ann. § 72-3-112). | Sunset helps gather account and asset information, organize title questions and prepare the estate settlement packet for review before filing. |
| Out-of-state adult child with a small estate | If only personal property needs collection and the statutory conditions are met, the Affidavit for Collection of Personal Property may be presented to the holder of the property after the required period, under Mont. Code Ann. § 72-3-1101. If a court appointment is needed, file in Fergus County only if venue belongs there (Mont. Code Ann. § 72-3-112). | Sunset helps determine whether accounts, vehicles or other assets require court authority, then routes the family to the affidavit path or the Fergus County filing packet. |
| Parent settling a predeceased child's estate, home must be sold | A home sale usually requires authority from a personal representative unless title passes outside probate. File the application or petition with the clerk of district court in Fergus County and ask about any hearing setting under the 10th Judicial District local rules. | Sunset helps assemble asset information, generate the probate packet and connect the family with a local probate attorney when real property has to be sold. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Statewide civil self-help information. The program can provide legal information and resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/; (406) 841-2975 |
| State Law Library Self-Help Law Center | The nearest staffed statewide self-help resource named for Fergus County readers in the available Montana court resources is the State Law Library center in Helena, not a Fergus County courthouse center. | 215 N Sanders, Helena; (406) 444-9300; [email protected]; courts.mt.gov |
| Montana Legal Services Association | Statewide civil legal aid intake. It should not be treated as a promise of probate representation. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm; mtlsa.org/apply-for-services/ |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association, including life and estate planning information. | montanalawhelp.org |
When to hire an attorney
Consider a probate attorney if anyone contests the will, if a home or ranch must be sold, if heirs disagree, if creditor claims are unclear, if tax filings may be required or if you are an out-of-state personal representative trying to handle a Fergus County case without repeated travel. Montana does not require every personal representative to hire counsel, but the Court Help Program cannot give legal advice or represent you in court. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify accounts, insurance, retirement assets and other property that may affect whether Fergus County probate is needed.
Generate the probate packet. Sunset uses the information you provide to assemble an estate settlement packet aligned with Montana probate forms and Fergus County filing details.
Find a local probate attorney. When a court hearing, real property sale, creditor dispute or family conflict calls for legal advice, Sunset can connect you with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement process, understand next steps and decide when court filing or attorney help is needed.
Frequently asked questions
Where do I file probate in Fergus County?
File with the clerk of district court at the Fergus County District Court, 712 W Main Street, Suite 303, Lewistown, MT 59457. Venue depends on the decedent's domicile at death, or, for a decedent not domiciled in Montana, where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Is Fergus County probate filed in District Court?
Yes. Montana District Court has 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). In Fergus County, the filing office is the clerk of district court.
Can I e-file a Fergus County probate case myself?
No. The Montana Judicial Branch states that 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 in Fergus County. Attorneys may e-file Fergus County probate case type DP through courts.mt.gov.
What is the Fergus County probate filing fee?
The filing fee is $100 as of August 2026. It is the sum of 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 Fergus County have its own probate forms?
Fergus County does not list a county-specific probate packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and file the completed papers with the clerk of district court in Fergus County.
Will I have to appear in person for an uncontested Fergus County probate?
Not always. Under the 10th Judicial District local rules, personal appearance is generally not required for an uncontested probate proceeding when proper documentation has been supplied and no interested party objects, unless the court orders otherwise (Mont. Code Ann. § 72-3-307). A party intending to appear by Zoom must notify court personnel before the hearing under the local rules.
What if the Fergus County probate hearing is contested or substantive?
The 10th Judicial District local rules treat telephonic or video appearances as the exception. For substantive or non-routine hearings, a Zoom appearance requires a motion filed at least two business days before the hearing and can be denied under the local rules. Montana testimony by contemporaneous transmission also depends on good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How do I look up a Fergus County District Court probate case?
Fergus County District Court converted to FullCourt Enterprise in July 2022. Fergus County's Clerk of Court page points readers to the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, where you can select Fergus District Court and use the scheduling tab for public hearing calendars.
How long do creditors have in a Fergus County probate?
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. Creditors generally have 4 months after the first publication to present claims (Mont. Code Ann. § 72-3-801), subject to the Montana claims bar rules (Mont. Code Ann. § 72-3-803).
Does Montana have inheritance tax or estate tax for a Fergus County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue says the inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not reach 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 or Montana income tax obligations (revenue.mt.gov).
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.