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Garfield County, MT Probate Information
Quick facts
| Item | Garfield County information |
|---|---|
| Court | Garfield County District Court, Montana 16th Judicial District Court sitting in Garfield County |
| Courthouse address | Garfield County Courthouse, 352 Leavitt Avenue, Jordan, MT 59337 |
| Mailing address | PO Box 8, Jordan, MT 59337-0008 |
| Clerk phone | (406) 557-6254 |
| Fax | Call the clerk before sending documents by fax. |
| Hours | Call (406) 557-6254 to confirm current counter hours before traveling to Jordan. Garfield County is on Mountain Time. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The current 2025 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). |
| Local forms | No Garfield County-specific probate form is posted. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Garfield County District Court is enabled for attorney electronic filing in Probate, case type DP, under the Judicial Branch court policy dated July 30, 2026. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov/Courts/EFile/. |
| Case search | Montana publishes a District Court Public Access Portal through courts.mt.gov/Courts/portals. Garfield County District Court converted to FullCourt Enterprise in January 2025. Call the clerk to confirm what is available for a Garfield County case. |
| Remote appearance | Requests are governed by the 16th Judicial District local rules. A Judicial Video Network appearance requires the court's prior permission and an advance motion. |
| Court website | courts.mt.gov/CourtLocator/16thJudicialDistrict and garfieldcountymt.gov/department-contacts/ |
Before you begin — know the assets and liabilities
Before you file in Jordan, make a working list of the decedent's probate assets, nonprobate transfers, debts, taxes, family contacts and any will. The filing path depends on what must be transferred through the District Court and whether someone is asking to be appointed personal representative.
Sunset supports estate settlement by helping families identify accounts and assets across more than 2,300 financial institutions, then organize what the Garfield County filing will need. That inventory work also helps you decide whether the estate can use a Montana affidavit route under Mont. Code Ann. § 72-3-1101 or needs a District Court case.
Which court handles jurisdiction
Probate for Garfield County is filed with the clerk of district court at the Garfield County Courthouse, 352 Leavitt Avenue, Jordan, MT 59337. Mail goes to PO Box 8, Jordan, MT 59337-0008.
Garfield County is one of seven counties in Montana's 16th Judicial District, with Carter, Custer, Fallon, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). Garfield County is in Department 2 with Carter, Fallon, Rosebud and Treasure Counties. The filing itself remains with the clerk of district court in Jordan.
The District Court has exclusive jurisdiction of all probate matters, and the District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, including the Justice Court and City Court in Jordan, do not handle estate 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 of the decedent's 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
- Decide whether the estate needs a Garfield County District Court case. If the only property to collect qualifies for the Affidavit for Collection of Personal Property of Decedent, use the current $100,000 probate estate ceiling and 30-day rule in Mont. Code Ann. § 72-3-1101. The affidavit is presented to the holder of the property, not opened as a District Court case.
- Choose the correct opening document. An informal probate or informal appointment starts with an application to the clerk of district court. A formal probate or formal testacy matter starts with a petition and notice under the formal proceeding statutes (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the Montana Judicial Branch forms from courts.mt.gov/Forms/endoflife, including the documents needed for a statement of informal probate and Letters of Authority if the informal route fits (Mont. Code Ann. § 72-3-215; courts.mt.gov).
- File on paper with the clerk of district court at the Garfield County Courthouse in Jordan if you are self-represented. Attorneys may use electronic filing for Garfield County District Court Probate, case type DP, because Garfield County is enabled under the July 30, 2026 Judicial Branch court policy, but e-filing is not available to self-represented litigants at this time according to courts.mt.gov/Courts/EFile/.
- Pay the current $100.00 commencement filing fee, made up of the $70 probate fee, $20 additional filing fee and $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Confirm payment method with the clerk before you travel.
- For an informal proceeding, the clerk of district court makes the statutory findings and may issue the statement of informal probate and appoint the personal representative only after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-215, § 72-3-225).
- If the case requires a hearing, ask the clerk how the 16th Judicial District will schedule it. The Garfield County materials located for this page do not post a Garfield hearing day.
- For a remote appearance request, follow the 16th Judicial District local rules. A Judicial Video Network appearance requires prior permission and an advance motion stating whether the matter is contested, whether any party objects and whether the appearance will be audio-video or telephone audio. Montana also permits testimony by contemporaneous transmission only for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
- After appointment, qualify before receiving letters by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). Use the Letters of Authority from courts.mt.gov to show banks, title holders and other institutions that you have authority to act.
- Administer and close the estate settlement by collecting assets, giving required creditor notice, handling claims, preparing the inventory within 9 months after appointment, distributing property and using the proper closing procedure (Mont. Code Ann. § 72-3-801, § 72-3-803, § 72-3-607, § 72-3-1104).
Forms and documents
Probate forms in Garfield County
The Montana Judicial Branch places probate forms under the Wills, trusts, powers of attorney, estate planning and probate category at courts.mt.gov/Forms/endoflife. The page includes statewide materials for 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 statement of informal probate, Letters of Authority through courts.mt.gov and related probate materials.
Garfield County did not post a separate county-specific probate form in the materials available for this page. If the clerk asks for a local cover sheet or formatting item when you call, follow the clerk's current instruction.
Local nuance
Garfield County-specific considerations
| Local point | What it means for a Garfield County estate |
|---|---|
| Seven-county district | Garfield County is in Montana's 16th Judicial District with Carter, Custer, Fallon, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). |
| Department 2 | Under the 16th Judicial District local rules, Garfield County is grouped in Department 2 with Carter, Fallon, Rosebud and Treasure Counties. The probate filing still goes to the clerk of district court in Jordan. |
| Judge location | The district judge for Department 2 is not chambered in Garfield County. Do not file across a county line unless the Garfield County clerk or court directs you to do so. |
| Remote appearance | The 16th Judicial District local rules use the Judicial Video Network for audio-video or telephone appearances, but only with court permission requested by advance motion. |
Recent updates
| Date | Garfield County update |
|---|---|
| January 2025 | Garfield County District Court converted to FullCourt Enterprise, according to courts.mt.gov/Courts/dcourt/index. |
| July 30, 2026 | Garfield County District Court appears on the Judicial Branch court policy for attorney electronic filing, with Probate, case type DP, among enabled case types at courts.mt.gov. |
Scenarios
| Situation | Likely Garfield County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First identify whether the home passes outside probate or whether a Garfield County District Court estate is needed. If a personal representative must act, file with the clerk of district court in Jordan and use Letters of Authority from courts.mt.gov after appointment. | Sunset helps gather title, mortgage, bank and account information so the spouse can see what belongs in the probate estate and what may transfer another way. |
| Out-of-state adult child with a small estate | If the Montana requirements are met, the Affidavit for Collection of Personal Property of Decedent may be used after 30 days, with the current $100,000 probate estate limit under Mont. Code Ann. § 72-3-1101. If a court case is needed, the paper filing goes to Jordan unless an attorney e-files through courts.mt.gov. | Sunset helps organize assets, debts and institution contacts so the child can decide whether the affidavit route fits or a Garfield County estate settlement needs court authority. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires court authority through appointment of a personal representative in the Garfield County District Court. File the application or petition with the clerk of district court in Jordan, then use Letters of Authority from courts.mt.gov after the appointment is made. | Sunset helps assemble the probate packet, identify accounts and debts, and connect the family with a local probate attorney when a sale or family issue makes the estate settlement more complex. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free statewide civil legal information through courts.mt.gov/SelfHelp/. The program cannot give legal advice or represent you in court. | (406) 841-2975 |
| State Law Library Self-Help Law Center | The nearest staffed self-help law center listed for Garfield County residents is the State Law Library location in Helena through courts.mt.gov/SelfHelp/. It provides information, not legal advice or representation. | 215 N Sanders, Helena, (406) 444-9300, [email protected] |
| Montana Legal Services Association | Statewide civil legal aid intake through mtlsa.org/apply-for-services/. Do not assume an estate matter will be accepted for representation. | 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, including life and estate planning information. | montanalawhelp.org |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances and debts that may matter in a Garfield County estate settlement.
Generate the probate packet. Sunset uses the information you provide to organize the documents and next steps needed for a Montana probate filing with the clerk of district court in Jordan.
Find a local probate attorney. When a sale, dispute, formal petition or creditor issue makes the case more complex, Sunset helps connect the family with a probate attorney familiar with Montana practice.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, collect information and get connected with professional help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Garfield County, Montana?
File with the clerk of district court at the Garfield County Courthouse, 352 Leavitt Avenue, Jordan, MT 59337. Mail goes to PO Box 8, Jordan, MT 59337-0008. Venue is based on the decedent's domicile at death, or property location if the decedent was not domiciled in Montana (Mont. Code Ann. § 72-3-112).
Does Garfield County use a different estate court?
No. The District Court has exclusive jurisdiction of all probate matters and original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). The Justice Court and City Court in Jordan are courts of limited jurisdiction and do not handle probate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
Can I e-file a Garfield County probate case myself?
No. The Montana Judicial Branch states at courts.mt.gov/Courts/EFile/ that e-filing is not available to self-represented litigants at this time. A self-represented personal representative files on paper with the clerk in Jordan. An attorney may e-file because Garfield County District Court is enabled for Probate, case type DP, under the July 30, 2026 courts.mt.gov court policy.
What is the Garfield County probate filing fee?
The current 2025 commencement filing fee is $100.00 for formal, informal or ancillary probate, made up of the $70 probate filing fee, $20 additional filing fee and $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Call the clerk at (406) 557-6254 to confirm payment method before traveling.
Does Garfield County have local probate forms?
No separate Garfield County-specific probate form is posted for this office. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, including materials for the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101 and Letters of Authority through courts.mt.gov.
When can informal probate be approved in Garfield County?
In an informal proceeding, the clerk of district court makes the statutory findings and may issue the statement of informal probate only after at least 120 hours have elapsed since the decedent's death (Mont. Code Ann. § 72-3-212, § 72-3-215). Informal appointment of a personal representative follows the related clerk process in Mont. Code Ann. § 72-3-225.
Will I have to attend a hearing in Jordan?
Informal probate is handled through the clerk of district court when the statutory requirements are met. Formal probate proceeds before the district judge with notice, and Montana has a route for uncontested formal cases (Mont. Code Ann. § 72-3-301, § 72-3-307). If a hearing is set, ask the Garfield County clerk for the date, place and current 16th Judicial District procedure.
How do remote appearances work in Garfield County probate?
Remote appearance requests are controlled by the 16th Judicial District local rules. The rules require prior permission and an advance motion for a Judicial Video Network appearance, including whether the matter is contested, whether any party objects and whether the appearance will be audio-video or telephone audio. Montana also permits testimony by contemporaneous transmission only for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
Can I look up a Garfield County probate case online?
Montana publishes a District Court Public Access Portal through courts.mt.gov/Courts/portals for courts that have converted to FullCourt Enterprise. Garfield County District Court converted to FullCourt Enterprise in January 2025. For an in-person record search, the current 2025 statute charges $2 per name per year for up to 7 years, then $1 per name for each additional year (Mont. Code Ann. § 25-1-201).
Does Montana have inheritance tax or estate tax for a Garfield 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 does not apply to any death after January 1, 2001, the estate tax reaches no death 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 fiduciary income tax filing issues through 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.