Back to Montana
Granite County, MT Probate Information
Quick facts
| Item | Granite County information |
|---|---|
| Court | Granite County District Court, Montana 3rd Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 220 North Sansome Street, Philipsburg, MT 59858 |
| Mailing address | PO Box 399, Philipsburg, MT 59858 |
| Phone | (406) 859-3712, clerk of district court |
| Fax | (406) 859-3817. Call the clerk before relying on fax contact or any fax filing. |
| Hours | Call (406) 859-3712 to confirm public counter hours, lunch closures and any filing cutoff before traveling. Granite County is on Mountain Time. |
| Filing fee | $100 to commence a probate, formal or informal or ancillary, current under the 2025 Montana fee statutes. The amount 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). |
| Local forms | Granite County does not publish a county-specific probate packet on its county website. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and ask the clerk whether the 3rd Judicial District expects any local cover sheet. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. Attorneys may use electronic filing for Granite County District Court probate cases because Probate (DP) is included in the Judicial Branch court policy dated July 30, 2026. |
| Case search | Granite County District Court converted to FullCourt Enterprise in March 2024. Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov; call the clerk to confirm what is available for a Granite County case. |
| Remote appearance | Ask the clerk what the 3rd Judicial District requires under its local rules. Montana district courts may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | courts.mt.gov/CourtLocator/3rdJudicialDistrict |
Before you begin — know the assets and liabilities
Before you file anything in Philipsburg, list the decedent's accounts, land, vehicles, debts, beneficiary designations and co-owned property. The right estate settlement path depends on what is actually part of the probate estate, who has priority to serve, whether anyone objects and whether the decedent was domiciled in Granite County (Mont. Code Ann. § 72-3-112).
Sunset's 2,300-institution asset discovery helps families find accounts before they choose forms, pay the $100 filing fee under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317, or ask a lawyer to review the estate settlement plan.
Which court handles jurisdiction
Probate for Granite County is filed with the clerk of district court at the county courthouse in Philipsburg, 220 North Sansome Street, Philipsburg, MT 59858. Mail goes to PO Box 399, Philipsburg, MT 59858.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had the decedent's domicile at death, or, if the decedent was not domiciled in Montana, in a Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Montana uses the District Court for probate. 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). Montana's courts of limited jurisdiction, including the Justice Court, City Court and Municipal Court that sit in the same counties, do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
Granite County is one of three counties in Montana's 3rd Judicial District, with Deer Lodge and Powell (Mont. Code Ann. § 3-5-101). The district judge is chambered in Anaconda, in Deer Lodge County, but a Granite County estate is filed and kept with the clerk of district court in Philipsburg.
The jurisdiction process
- Identify the probate property, debts, will, heirs, devisees and the person with priority to serve as personal representative before starting the estate settlement.
- Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. For informal probate, prepare an application for the clerk; for formal probate, prepare a petition with notice for the district judge (Mont. Code Ann. § 72-1-103, § 72-3-301).
- File with the clerk of district court at 220 North Sansome Street in Philipsburg, or mail to PO Box 399, Philipsburg, MT 59858. A self-represented personal representative files on paper because courts.mt.gov states that e-filing is not available to self-represented litigants. An attorney may use electronic filing for Granite County Probate (DP) cases under the Judicial Branch court policy.
- Pay the $100 filing fee, current under the 2025 Montana fee statutes. The amount 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.
- For informal probate, the clerk of district court makes the statutory findings, may deny an application that does not meet them, and issues the statement of informal probate and the Letters of Authority if the requirements are met and at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225; courts.mt.gov).
- If the matter must proceed formally, the petition is handled by the district judge with notice to interested persons. Montana provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-301, § 72-3-305, § 72-3-307).
- After appointment, the personal representative gives notice to creditors by publication once a week for 3 successive weeks in a newspaper of general circulation in the county; creditors have 4 months after the date of first publication, with the statutory mailed-notice rule also applying (Mont. Code Ann. § 72-3-801, § 72-3-803).
- Administer the estate, collect assets, pay valid claims, address taxes and prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607; revenue.mt.gov). Use the proper Montana closing procedure when administration is finished, including a closing statement when that route applies (Mont. Code Ann. § 72-3-1104).
Forms and documents
Probate forms in Granite County
Granite County does not publish a county-specific probate packet on its county website. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then call the clerk of district court in Granite County to ask whether the 3rd Judicial District expects any local cover sheet or additional local filing practice.
| Form or resource | Use |
|---|---|
| How to Administer a Small Estate Packet | Statewide packet from courts.mt.gov for informal probate materials, including the application, statement of informal probate, Letters of Authority and acceptance materials. The collection route for a small estate is tied to Mont. Code Ann. § 72-3-1101. |
| Affidavit for Collection of Personal Property of Decedent | Statewide form for collecting personal property under Mont. Code Ann. § 72-3-1101 after 30 days, when the probate estate is within the $100,000 ceiling raised by Ch. 453, L. 2023, and no application or petition for a personal representative is pending or granted. |
| Fiduciary Statement | Statewide probate form published at courts.mt.gov/Forms/endoflife. |
| Affidavit of Death | Statewide probate form published at courts.mt.gov/Forms/endoflife. |
Local nuance
Granite County-specific considerations
| Local point | What it means for a Granite County filing |
|---|---|
| Judge chambered outside Granite County | Granite County is in Montana's 3rd Judicial District with Deer Lodge and Powell Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Anaconda, but the estate is filed with the clerk of district court in Philipsburg. |
| Paper filing for self-represented families | Courts.mt.gov states that e-filing is not available to self-represented litigants. A self-represented personal representative files on paper with the clerk in Philipsburg. |
| Attorney e-filing for probate | Granite County District Court is enabled for electronic filing, and Probate (DP) is included in the July 30, 2026 Judicial Branch policy at courts.mt.gov. |
| Case lookup | Granite County District Court converted to FullCourt Enterprise in March 2024, so the Montana District Court Public Access Portal published through courts.mt.gov is the online starting point. The clerk remains the practical contact for what can be viewed. |
| No published 3rd Judicial District schedule | No district-specific hearing day or remote appearance procedure can be given from the public court materials. Ask the clerk what the 3rd Judicial District requires under its local rules. |
Recent updates
| Date | Update |
|---|---|
| March 2024 | Granite County District Court converted to the state's FullCourt Enterprise case management system, according to the District Court conversion list published at courts.mt.gov. |
| July 30, 2026 | The Montana Judicial Branch court policy at courts.mt.gov lists Granite County District Court as enabled for electronic filing, including Probate (DP), while e-filing remains unavailable to self-represented litigants. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Granite County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title and beneficiary designations before filing. If probate property must be administered in Granite County, file with the clerk of district court in Philipsburg under the venue rule for domicile or Montana property (Mont. Code Ann. § 72-3-112). | Sunset helps identify accounts, organize deed and account information, and prepare the estate settlement packet for attorney review or filing. |
| Out-of-state adult child with small estate under Mont. Code Ann. § 72-3-1101 | If the estate qualifies for collection of personal property by affidavit, the claiming successor presents the affidavit to the holder after 30 days, rather than opening a court case. The probate estate ceiling is $100,000, raised by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). | Sunset helps locate accounts, calculate what may be probate property, and generate the documents a lawyer or holder may ask to review. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually points to opening probate in the Granite County District Court because Montana's collection affidavit under Mont. Code Ann. § 72-3-1101 is for personal property. File in Philipsburg if venue belongs in Granite County (Mont. Code Ann. § 72-3-112). | Sunset helps gather assets and debts, create the probate packet, and connect the family with a local probate attorney for the real property sale. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of district court in Granite County | Receives estate filings, can provide forms and procedural information, and can check for signatures, notarization, the correct county name and a case number. The clerk cannot give legal advice or complete forms for you. | 220 North Sansome Street, PO Box 399, Philipsburg, MT 59858. Phone (406) 859-3712. |
| Montana Judicial Branch probate forms | Statewide probate forms, including informal probate materials and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. | courts.mt.gov/Forms/endoflife |
| Court Help Program | Free statewide civil self-help program. Courts.mt.gov states that it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/. Phone (406) 841-2975. |
| Montana State Law Library Self-Help Law Center | State Law Library self-help location in Helena, the nearest staffed center named in the statewide list for families who can use Helena resources. | 215 N Sanders, Helena. Phone (406) 444-9300. courts.mt.gov. |
| Montana District Court Public Access Portal | Case search starting point for district courts that have converted to FullCourt Enterprise. The portal is published through courts.mt.gov. | dcportal.pubcourts.mt.gov. Call the Granite County clerk to confirm what is available for a specific case. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take an estate administration matter. | mtlsa.org and mtlsa.org/apply-for-services/. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| State Bar of Montana attorney referral information | Attorney referral information for families who need probate counsel. | State Bar of Montana, phone (406) 449-6577. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families find bank, investment, retirement and insurance accounts before choosing the right Granite County estate settlement path.
Generate the probate packet. Sunset turns the information you gather into an organized probate packet using Montana terminology, including personal representative, application, statement of informal probate and Letters of Authority where appropriate.
Find a local probate attorney. If the estate needs legal advice, a formal petition, a home sale, creditor strategy or help with a contested issue, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track assets and understand the next local step before filing with the clerk of district court in Granite County.
Frequently asked questions
Where do I file probate in Granite County?
File with the clerk of district court at the Granite County District Court, 220 North Sansome Street, Philipsburg, MT 59858. Mail goes to PO Box 399, Philipsburg, MT 59858. Venue depends on the decedent's domicile or, for a non-Montana decedent, Montana property (Mont. Code Ann. § 72-3-112).
Does Granite County use e-filing for probate?
Courts.mt.gov 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 in Philipsburg. Attorneys may use electronic filing for Granite County District Court Probate (DP) cases under the Judicial Branch policy dated July 30, 2026.
Why is the 3rd Judicial District judge in Anaconda?
Granite County is part of Montana's 3rd Judicial District with Deer Lodge and Powell Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Anaconda, but a Granite County estate is filed and kept with the clerk of district court in Philipsburg.
How much is the Granite County probate filing fee?
The filing fee to start a probate is $100, current under the 2025 Montana fee statutes. It is the $70 probate fee in Mont. Code Ann. § 25-1-201, plus $20 under Mont. Code Ann. § 25-1-202 and a $10 user surcharge under Mont. Code Ann. § 3-1-317.
Does Granite County have its own probate forms?
Granite County does not publish a county-specific probate packet on its county website. Use the statewide probate forms at courts.mt.gov/Forms/endoflife and call the clerk of district court to ask whether the 3rd Judicial District expects any local cover sheet.
Can I look up a Granite County probate case online?
Granite County District Court converted to FullCourt Enterprise in March 2024. Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, but the Judicial Branch describes the portal as a courtesy. 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 (Mont. Code Ann. § 25-1-201).
Can I appear remotely in a Granite County probate matter?
Ask the clerk what the 3rd Judicial District requires under its local rules. Montana district courts may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)), but the district judge decides the procedure for a specific matter.
Do I have to travel to Anaconda for a Granite County estate?
Start with the clerk of district court in Philipsburg. The district judge is chambered in Anaconda, but the Granite County case is filed at the county courthouse in Philipsburg. Ask the clerk how the judge handles any required hearing in your case.
Does Montana collect inheritance tax or estate tax in a current Granite 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 reaches no 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 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.