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Judith Basin County, MT Probate Information
Quick facts
| Item | Judith Basin County detail |
|---|---|
| Court | The Judith Basin County District Court, Montana's 10th Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 91 Third Street North, Stanford, MT 59479 |
| Mailing address | PO Box 427, Stanford, MT 59479 |
| Phone | (406) 566-2277, option 6 for the clerk of district court |
| Fax | (406) 566-2211 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 am to 5:00 pm |
| Filing fee | $100.00 to commence a probate, current in the 2025 code text. 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 | Judith Basin County does not publish a county-specific probate form. 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 use electronic filing for Judith Basin County District Court probate case type DP because the court is enabled under the Judicial Branch court policy. |
| Case search | Judith Basin County District Court converted to FullCourt Enterprise in May 2022. Montana publishes a District Court Public Access Portal through courts.mt.gov for converted district courts. |
| Remote appearance | The 10th Judicial District local rules generally do not require a personal appearance for an uncontested probate proceeding when proper documents are supplied and no interested person objects, but the court can order otherwise. |
| Website | courts.mt.gov/CourtLocator/10thJudicialDistrict and jbcountymt.gov/clerk-of-district-court/ |
Before you begin — know the assets and liabilities
Before you file anything in Judith Basin County, make a practical list of assets, debts, titles, beneficiaries and account holders. The right path depends on what is in the probate estate, whether anyone is already appointed, whether the decedent was domiciled in Montana and whether interested persons agree (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then organizes the information you need for the probate packet or for a conversation with a Montana probate attorney.
Which court handles jurisdiction
Probate for Judith Basin County is filed with the clerk of district court at the county courthouse in Stanford, 91 Third Street North, Stanford, MT 59479. Mail goes to PO Box 427, Stanford, MT 59479.
Judith Basin County is one of three counties in Montana's 10th Judicial District, with Fergus and Petroleum Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Lewistown, in Fergus County, but each county keeps its own clerk of district court and a Judith Basin County filing stays with the clerk in Stanford.
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 Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Montana has no separate county-level court for estate filings and no separate court 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). Montana's courts of limited jurisdiction, including the Justice Court and City Court that sit in Judith Basin County, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the correct opening paper. Use an application for informal probate or informal appointment with the clerk, and use a petition for formal probate when a judge proceeding with notice is needed (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife. Judith Basin County does not publish a county-specific probate packet, so ask the clerk of district court in Stanford whether the office wants any additional local cover page before you file.
- File with the clerk of district court at 91 Third Street North in Stanford, or mail the filing to PO Box 427, Stanford, MT 59479. 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.
- Pay the $100.00 probate commencement filing fee, current in the 2025 code text, to the clerk of district court. 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).
- For informal probate, the clerk of district court reviews the application, makes the statutory findings, may deny an application that does not meet them and issues the statement of informal probate and Letters after the statutory waiting period. Informal probate and informal appointment cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- If a formal proceeding is needed, follow the judge's notice and hearing process. Montana provides a formal route for uncontested cases, and the 10th Judicial District local rules treat probate proceedings as routine law and motion matters when they are expected to take less than 30 minutes (Mont. Code Ann. § 72-3-307; local rules).
- Ask about video or telephone appearance before the hearing. Under the 10th Judicial District local rules, personal appearance generally is not required for an uncontested probate proceeding when proper documents are supplied and no interested person objects, but the party must notify the Court Administrator before the hearing and the court can order an in-person appearance.
- 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). The Judiciary's form packet calls the authority document Letters of Authority at courts.mt.gov.
- Administer the estate by giving required notice to creditors, collecting assets, paying allowed claims, preparing the inventory within 9 months after appointment and distributing property. Creditors are addressed through notice once a week for 3 successive weeks, with claims generally due within 4 months after the date of first publication, subject to the statute's rules (Mont. Code Ann. § 72-3-801, § 72-3-607).
- Close the estate only after administration is complete. If the estate qualifies for summary administration, the personal representative may use the closing statement procedure in the statute (Mont. Code Ann. § 72-3-1103, § 72-3-1104).
Forms and documents
Probate forms in Judith Basin County
Judith Basin County does not publish a county-specific probate form, cover sheet or local probate packet. Start with the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then call the clerk of district court in Judith Basin County before filing to confirm how the Stanford office wants the packet assembled.
| Form source | What it includes | Local note |
|---|---|---|
| Montana Judicial Branch probate forms | Affidavit of Death, Affidavit for Collection of Personal Property of Decedent, How to Administer a Small Estate Packet, Fiduciary Statement and related estate planning forms at courts.mt.gov/Forms/endoflife | The Affidavit for Collection of Personal Property of Decedent is tied to Mont. Code Ann. § 72-3-1101. The current ceiling is $100,000, raised by Ch. 453, L. 2023, and measured by the probate estate less liens and encumbrances. |
| Clerk of district court in Judith Basin County | Local filing counter for probate, civil, criminal, adoption, dissolution, marriage license and passport records | File in Stanford with the clerk of district court. The office can provide forms and general information, but court staff cannot give legal advice. |
Timeline
- At filing, informal probate is handled by the clerk of district court in Stanford. The clerk cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215).
- If a judge hearing is needed, the 10th Judicial District local rules classify probate proceedings as routine law and motion matters when they are expected to take less than 30 minutes. No fixed Judith Basin County hearing weekday is published in the local rules.
- For an uncontested probate proceeding where proper documents are supplied and no interested person objects, the 10th Judicial District local rules generally do not require a personal appearance unless the court orders otherwise. A party intending to appear by Zoom must notify the Court Administrator before the hearing, and contested or non-routine matters require prior court permission for remote appearance. Montana also allows testimony by contemporaneous transmission only for good cause in compelling circumstances and with appropriate safeguards (Mont. R. Civ. P. 43(a); local rules; Mont. Code Ann. § 72-3-307).
- After appointment, the personal representative handles notice to creditors and estate administration. Notice to creditors is published once a week for 3 successive weeks, and creditors generally have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- The personal representative must prepare the inventory within 9 months after appointment, listing probate property with reasonable detail, fair market value and encumbrances (Mont. Code Ann. § 72-3-607, as amended by Ch. 564, L. 2023).
Local nuance
Judith Basin County-specific considerations
| Local point | Why it matters |
|---|---|
| The filing counter is in Stanford | Even though Judith Basin County is part of a three-county judicial district, the estate is filed with the clerk of district court in Judith Basin County at 91 Third Street North in Stanford (Mont. Code Ann. § 3-5-101). |
| The judge is chambered in Lewistown | The 10th Judicial District judge is chambered in Fergus County. The 10th Judicial District local rules state that video conferencing is used throughout the district, so the judge may appear from Fergus County while the Judith Basin County file remains in Stanford. |
| Remote appearance has local conditions | The 10th Judicial District local rules generally do not require personal appearance for an uncontested probate proceeding when proper documents are supplied and no interested person objects, but the court keeps discretion and contested matters need prior permission. Remote appearance is controlled by local rules and Mont. R. Civ. P. 43(a), not by a statewide right. |
| Judith Basin County is enabled for attorney e-filing | The Judicial Branch lists Judith Basin County District Court as Court ID 23 and includes Probate DP among enabled case types, but e-filing is not available to self-represented litigants at this time, according to courts.mt.gov. |
Recent updates
| Date | Update |
|---|---|
| November 5, 2025 | The 10th Judicial District local rules became effective and include Rule 11 on telephonic or video testimony and appearances, including the local treatment of uncontested probate proceedings under the district's local rules. |
| July 30, 2026 | The Judicial Branch court policy lists Judith Basin County District Court as enabled for electronic filing for district court case types that include Probate DP, while courts.mt.gov states that e-filing is not available to self-represented litigants. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying what passes outside probate and what remains in the probate estate. If a District Court filing is needed in Judith Basin County, file with the clerk of district court in Stanford. For personal property only, the statewide Affidavit for Collection of Personal Property may be relevant if the probate estate is within the $100,000 ceiling raised by Ch. 453, L. 2023 and the other requirements are met (Mont. Code Ann. § 72-3-1101). | Sunset helps identify accounts, title issues and beneficiary designations so the surviving spouse does not open a full estate settlement for property that already has a transfer path. |
| Out-of-state adult child with a small estate | Venue is based on domicile or Montana property, not where the child lives (Mont. Code Ann. § 72-3-112). A self-represented filer uses paper filing with the clerk of district court in Judith Basin County because e-filing is not available to self-represented litigants, while an attorney may use enabled e-filing. If the only needed transfer is personal property, check the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101. | Sunset organizes the asset list, helps determine whether a probate packet is needed and can connect the family with local counsel if travel or remote appearance questions matter. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires clear authority from a personal representative. File the application or petition with the clerk of district court in Stanford, pay the $100.00 filing fee current in the 2025 code text under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317, then obtain Letters of Authority through the court process at courts.mt.gov. | Sunset supports estate settlement by locating accounts, gathering balances and preparing attorney-ready information for the real estate and probate steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of district court in Judith Basin County | Provides local filing information for the Judith Basin County District Court. The clerk's office can provide forms and general court information, but cannot give legal advice or choose forms for you. | 91 Third Street North, Stanford, MT 59479. Phone (406) 566-2277, option 6. Email [email protected]. |
| Montana Supreme Court Court Help Program | Free statewide information for civil, non-criminal legal problems. The program states that it cannot give legal advice or represent you in court, but can provide legal information and direct you to resources at courts.mt.gov. | (406) 841-2975. courts.mt.gov/SelfHelp/. |
| State Law Library Self-Help Law Center | Nearest staffed Self-Help Law Center for Judith Basin County residents listed by the Judicial Branch. Judith Basin County itself is not one of the staffed center locations listed by courts.mt.gov. | 215 N Sanders, Helena. (406) 444-9300. [email protected]. |
| Montana Legal Services Association | Statewide civil legal intake. Do not assume estate representation is available. Apply online or call the HelpLine, and check current intake limits before relying on assistance. | 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 connected with Montana Legal Services Association, including life and estate planning information. | montanalawhelp.org. |
When to hire an attorney
Consider a Montana probate attorney if heirs disagree, a formal petition with notice is needed, real property must be sold, creditor claims are disputed, tax filings are uncertain or you are handling the estate from outside Judith Basin County. The clerk can give general court information but cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify accounts, balances and institutions that may need a personal representative's Letters of Authority.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet for the Montana Judicial Branch forms and for the Judith Basin County filing counter in Stanford.
Find a local probate attorney. When a Judith Basin County estate needs legal advice, a sale of real property, a formal probate petition with notice 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, find assets and understand next steps before deciding whether to file themselves or work with counsel.
Frequently asked questions
Where do I file probate in Judith Basin County?
File with the clerk of district court at the Judith Basin County Courthouse, 91 Third Street North, Stanford, MT 59479. Mail goes to PO Box 427, Stanford, MT 59479. Venue depends on the decedent's domicile at death or, for a non-Montana decedent, the Montana county where property was located (Mont. Code Ann. § 72-3-112).
Can I e-file a Judith Basin County probate case myself?
No. The Montana Judicial Branch states at courts.mt.gov that e-filing is not available to self-represented litigants at this time. A self-represented personal representative files on paper with the clerk of district court in Stanford. Attorneys may use electronic filing for Judith Basin County District Court probate case type DP because the court is enabled under the Judicial Branch court policy.
What is the probate filing fee in Judith Basin County?
The probate commencement filing fee is $100.00, current in the 2025 code text. It is made up of a $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).
Will my Judith Basin County probate hearing be in Stanford or Lewistown?
The estate is filed and kept in Stanford with the clerk of district court in Judith Basin County. The 10th Judicial District judge is chambered in Lewistown, in Fergus County, and the district's local rules allow video use throughout the district. Ask the clerk what the judge requires for your setting.
Can I appear by Zoom in a Judith Basin County probate matter?
The 10th Judicial District local rules generally do not require personal appearance for an uncontested probate proceeding when proper documents are supplied and no interested person objects. You must notify the Court Administrator before the hearing, and the court can still require an in-person appearance. Montana permits testimony by contemporaneous transmission only for good cause in compelling circumstances and with appropriate safeguards (Mont. R. Civ. P. 43(a); local rules; Mont. Code Ann. § 72-3-307).
Are there Judith Basin County probate forms?
Judith Basin County does not publish a county-specific probate form. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then call the clerk of district court to confirm local filing presentation.
How do I look up a Judith Basin County probate case?
Montana publishes a District Court Public Access Portal through courts.mt.gov for district courts that have converted to FullCourt Enterprise, and Judith Basin County District Court converted in May 2022. 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, then $1 per name for each additional year, current in the 2025 code text (Mont. Code Ann. § 25-1-201).
What if the estate is small and has only personal property?
Montana's Affidavit for Collection of Personal Property may be available 30 days after death if no application or petition for a personal representative is pending or granted and the probate estate does not exceed $100,000, raised by Ch. 453, L. 2023, less liens and encumbrances (Mont. Code Ann. § 72-3-1101). The affidavit is presented to the person or institution holding the property, not opened as a District Court filing in Judith Basin County.
Does Montana have inheritance tax or estate tax for a Judith Basin County estate?
Montana has no inheritance tax for deaths after January 1, 2001, and Montana has no estate tax for deaths after December 31, 2004. The Department of Revenue also says it no longer requires a certificate or consent to close probate, but an estate may still have federal tax issues or Montana income tax filing obligations 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.