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Mineral County, MT Probate Information
Quick facts
| Item | Mineral County information |
|---|---|
| Court | The Mineral County District Court, Montana 4th Judicial District Court sitting in Mineral County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 300 River Street, Third Floor, Superior, MT 59872. |
| Mailing address | PO Box 129, Superior, MT 59872. |
| Phone | (406) 822-3538, clerk of district court. |
| Fax | (406) 822-3822. Ask the clerk before sending a filing by fax. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday, Mountain Time. Call (406) 822-3538 to confirm filing cutoffs. |
| Filing fee | $100.00 to commence a probate, current under the 2025 text of Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. The amount is the $70 probate fee, current under the 2025 text of Mont. Code Ann. § 25-1-201, plus the $20 additional filing fee, current under the 2025 text of Mont. Code Ann. § 25-1-202, plus the $10 court information technology user surcharge, current under the 2025 text of Mont. Code Ann. § 3-1-317. |
| Mineral County-specific forms | No separate Mineral County probate-opening form is published. Use the Montana Judicial Branch statewide 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. A self-represented personal representative files on paper in Superior. Attorneys may use electronic filing for Mineral County Probate, DP, cases because Mineral County District Court is enabled under the Judicial Branch court policy at courts.mt.gov. |
| Case search | Montana publishes a District Court Public Access Portal through courts.mt.gov at dcportal.pubcourts.mt.gov. Mineral County District Court converted to FullCourt Enterprise in February 2019. The portal is described by the Judicial Branch as a courtesy, and 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, current under the 2025 text of Mont. Code Ann. § 25-1-201. |
| Remote appearance | The 4th Judicial District local rules state that all courtrooms are video-conferencing capable and that the court uses Zoom for hearings. Remote appearance is still controlled by the district judge and local rules, not by a statewide right. |
| Website | Mineral County District Court: co.mineral.mt.us/departments/district-court/. Montana Court Locator for the 4th Judicial District: courts.mt.gov/CourtLocator/4thJudicialDistrict. |
Before you begin — know the assets and liabilities
Before you file in Superior, identify the assets, debts, title status and beneficiary designations that drive the estate settlement path. Montana venue turns on the decedent's domicile at death, or, for a non-Montana decedent, a county where the decedent owned property (Mont. Code Ann. § 72-3-112).
Sunset can help organize the front end of estate settlement by searching across more than 2,300 institutions for accounts and assets, then helping you understand which papers belong in the Mineral County District Court and which assets may pass outside a court filing.
Which court handles jurisdiction
Probate for Mineral County is filed with the clerk of district court at the county courthouse in Superior, 300 River Street, Third Floor, Superior, MT 59872, with mail to PO Box 129, Superior, MT 59872.
Mineral County is one of two counties in Montana's 4th Judicial District, with Missoula County (Mont. Code Ann. § 3-5-101). All five district judges and all three standing masters for the district are chambered in Missoula, according to courts.mt.gov, so a Mineral County estate is filed and kept in Superior while the judge who signs an order may sit across the county line. Matters filed in each docket are assigned among the district's five departments in random numerical rotation under the 4th Judicial District local rules.
Montana routes probate to the 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 Courts that sit in Superior and Alberton, 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 the county where the decedent had the decedent's 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).
The jurisdiction process
- Choose the Montana track before you file. Informal probate uses an application to the clerk of district court, while formal probate uses a petition with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the statewide Montana probate forms from courts.mt.gov/Forms/endoflife and any supporting papers, including the will if one exists, death information, proposed Letters of Authority and any required statement of acceptance before letters issue (Mont. Code Ann. § 72-3-512).
- File the application or petition with the clerk of district court at 300 River Street, Third Floor, Superior, or mail it to PO Box 129, Superior, MT 59872. A self-represented filer uses paper filing because e-filing is not available to self-represented litigants under courts.mt.gov.
- Pay the $100.00 commencement amount, current under the 2025 text of Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317, or ask the clerk about the court's fee waiver form published through courts.mt.gov.
- For informal probate, the clerk of district court makes the findings required by statute, may deny an application that does not meet them, and issues the statement of informal probate after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215). Informal appointment of a personal representative follows the parallel clerk process in Mont. Code Ann. § 72-3-225.
- If a hearing is needed, follow the 4th Judicial District local rules. Mineral County law and motion sessions are set every two weeks, Department 1 on Mondays and the other departments on Wednesdays, with times set by the Mineral County clerk. The local rules require a written Request for Hearing at least 24 hours ahead, and matters over 20 total minutes are not placed on the law and motion calendar.
- Ask the clerk how to request any remote appearance. The 4th Judicial District local rules state that all courtrooms are video-conferencing capable and that the court uses Zoom, but remote appearance depends on the presiding judge and local rules. Montana also permits testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
- After appointment, use the Letters of Authority from courts.mt.gov to collect estate property, communicate with institutions, and administer the estate. If generative artificial intelligence helped prepare any filed document, the 4th Judicial District local rules require a certification describing the tool and confirming that citations and factual or procedural statements were checked.
- Give notice to creditors as required by Montana law. The personal representative publishes notice once a week for 3 successive weeks, and creditors have 4 months after the date of first publication, with actual-notice timing also governed by statute (Mont. Code Ann. § 72-3-801). Claims are also subject to the outer bar in Mont. Code Ann. § 72-3-803.
- Administer and close the estate. The personal representative prepares the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607), pays allowed claims and expenses, handles any required tax filings, distributes remaining property, and uses the appropriate closing procedure, including a closing statement when applicable under Mont. Code Ann. § 72-3-1104.
Forms and documents
Probate forms in Mineral County
The Montana Judicial Branch publishes statewide probate forms at courts.mt.gov/Forms/endoflife. The probate materials include an Affidavit of Death, the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, a How to Administer a Small Estate Packet under Mont. Code Ann. § 72-3-1101, the Fiduciary Statement and related end-of-life forms.
Mineral County does not publish a separate probate-opening packet on its District Court page. The 4th Judicial District local rules include a district-wide Request for Hearing form for scheduling, but that is not an estate-opening form. If you are filing in Superior, use the statewide court forms and ask the clerk of district court whether the judge assigned to the case requires anything else.
Timeline
- Opening: file the application or petition with the clerk of district court in Superior. Informal probate cannot result in the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215).
- Scheduling: the 4th Judicial District local rules set Mineral County law and motion sessions every two weeks. Department 1 sits on Mondays, the other departments sit on Wednesdays, and the rules direct you to check exact times with the Mineral County clerk.
- Requesting a hearing: the 4th Judicial District local rules require a written Request for Hearing to the scheduling clerk at least 24 hours before the requested hearing date. The request must state the issue, time needed by each party and the number of witnesses, and matters expected to exceed 20 total minutes are not scheduled on the law and motion calendar.
- Remote participation: the 4th Judicial District local rules state that all courtrooms are video-conferencing capable and that the court uses Zoom, but the judge controls whether and how a person may appear remotely.
- Administration deadlines: after appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks, with the 4 months creditor period tied to first publication under Mont. Code Ann. § 72-3-801, and prepares the inventory within 9 months after appointment under Mont. Code Ann. § 72-3-607.
Local nuance
Mineral County-specific considerations
| Local point | What it means in Mineral County |
|---|---|
| Judges sit in Missoula | The case is filed and kept in Superior, but all five 4th Judicial District judges and the district's three standing masters are chambered in Missoula, according to courts.mt.gov. Do not send an opening filing to Missoula unless the Mineral County clerk or the judge directs you to do so. |
| Random department assignment | Under the 4th Judicial District local rules, matters filed in each docket in Missoula and Mineral Counties are assigned among five departments in random numerical rotation. |
| Mineral County law and motion | The 4th Judicial District local rules give Mineral County its own law and motion cadence: every two weeks, Department 1 on Mondays and other departments on Wednesdays, with exact times set through the Mineral County clerk. |
| Generative AI certification | The 4th Judicial District local rules require any party, self-represented or represented, who used generative artificial intelligence to prepare a filed document to disclose the tool, describe the use and certify that citations and factual or procedural statements were checked. |
Recent updates
| Change | What changed locally |
|---|---|
| 4th Judicial District rules revised October 31, 2025 | The district's Rules of Practice, Forms and Orders apply to Missoula and Mineral Counties and include Mineral County law and motion scheduling, Zoom courtroom capability and the generative AI certification rule. |
| Electronic filing policy as of July 30, 2026 | The Judicial Branch court policy lists Mineral County District Court as enabled for attorney electronic filing in Probate, DP, case types, while courts.mt.gov states that e-filing is not available to self-represented litigants. |
| FullCourt Enterprise conversion in February 2019 | Mineral County District Court is listed by courts.mt.gov as converted to FullCourt Enterprise in February 2019, which affects what may appear in the District Court Public Access Portal. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Mineral County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and what assets are part of the probate estate under Mont. Code Ann. § 72-3-1101. If a court appointment is needed, file in Superior with the clerk of district court, and use Letters of Authority from courts.mt.gov after appointment. | Sunset helps find accounts, sort probate and nonprobate assets, and prepare an estate settlement plan before papers are filed. |
| Out-of-state adult child with a small estate | If the estate consists of personal property and the conditions in Mont. Code Ann. § 72-3-1101 are met, the Affidavit for Collection of Personal Property may be relevant after 30 days. If appointment is needed, a self-represented filer still files on paper with the Mineral County clerk in Superior, while an attorney may use electronic filing through courts.mt.gov. | Sunset helps collect institution information, organize the affidavit or court packet, and reduce travel by clarifying what can be handled by mail or through counsel. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires authority from a personal representative if title is in the decedent's name. File the probate application or petition in the Mineral County District Court, follow the 4th Judicial District local rules for any hearing, and use Letters of Authority from courts.mt.gov once issued. | Sunset helps build the asset list, generate the probate packet, and connect the family with a Montana probate attorney when a real property sale or contested issue makes counsel useful. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Clerk of district court in Mineral County | Use this office for filing questions, hearing dates, paper filing logistics and copies in a Mineral County probate case. The clerk can provide forms and procedural information but cannot give legal advice. | 300 River Street, Third Floor, Superior, MT 59872. Phone: (406) 822-3538. Website: co.mineral.mt.us/departments/district-court/. |
| Montana Supreme Court Court Help Program | Free statewide help for civil, non-criminal legal problems. The program states at courts.mt.gov that it cannot give legal advice or represent you in court, but can provide legal information and direct you to resources. | courts.mt.gov/SelfHelp/. Phone: (406) 841-2975. |
| Missoula County Self-Help Law Center | The closest staffed Self-Help Law Center to Mineral County and in the same 4th Judicial District. Use it for legal information, not representation or legal advice, under the Court Help Program limits at courts.mt.gov. | 200 W Broadway Rm 206, Missoula. Phone: (406) 258-3428. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter. The HelpLine is listed by mtlsa.org and the application page is mtlsa.org/apply-for-services/. | HelpLine: 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning resources. | montanalawhelp.org. |
When to hire an attorney
Counsel makes sense when the will is disputed, heirs disagree, the estate includes real property to sell, a creditor problem is likely, the assigned judge sets a contested hearing, or the personal representative is out of state and wants a Montana lawyer to manage filings and appearances. Montana does not require every personal representative to hire counsel, but the Court Help Program cannot give legal advice or represent you in court, and Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investments, insurance, retirement assets and other property that may affect estate settlement in Mineral County.
Generate the probate packet. Sunset uses the information you provide to help assemble the Montana probate forms and supporting documents for filing with the clerk of district court in Superior.
Find a local probate attorney. If the estate needs legal advice, a real property sale, contested hearing work or attorney electronic filing through courts.mt.gov, Sunset can connect you with a Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track assets and prepare for probate without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Mineral County?
File with the clerk of district court at the Mineral County District Court, 300 River Street, Third Floor, Superior, MT 59872. Mailing address is PO Box 129, Superior, MT 59872. Montana venue is based on the decedent's domicile at death, or, for a non-Montana decedent, a county where the decedent had property (Mont. Code Ann. § 72-3-112).
Is Mineral County in the Missoula court district?
Mineral County and Missoula County are the two counties in Montana's 4th Judicial District (Mont. Code Ann. § 3-5-101). A Mineral County estate is still filed with the clerk of district court in Superior. The district judges and standing masters are chambered in Missoula, according to courts.mt.gov, so the judge may sit outside Mineral County.
Can I e-file a Mineral 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 Superior. Attorneys may use electronic filing for Mineral County Probate, DP, case types under the Judicial Branch court policy at courts.mt.gov.
What is the probate filing fee in Mineral County?
The commencement amount is $100.00, current under the 2025 text of Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. It consists of the $70 probate fee under Mont. Code Ann. § 25-1-201, the $20 additional filing fee under Mont. Code Ann. § 25-1-202 and the $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317.
Does Mineral County have its own probate forms?
Mineral County does not publish a separate probate-opening packet on its District Court page. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and ask the clerk whether the assigned judge requires anything else for your filing.
When are Mineral County probate hearings held?
The 4th Judicial District local rules set Mineral County law and motion sessions every two weeks. Department 1 holds court on Mondays, and the other departments hold court on Wednesdays. Times vary, so call the Mineral County clerk of district court for the date and time for your matter.
Can I appear by Zoom in a Mineral County probate hearing?
Possibly, if the judge allows it under the 4th Judicial District local rules. Those local rules state that all courtrooms are video-conferencing capable and that the court uses Zoom for hearings, but there is no statewide right to appear remotely. Montana Rule of Civil Procedure 43(a) allows testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards.
Can I look up a Mineral County probate case online?
Montana publishes a District Court Public Access Portal through courts.mt.gov at dcportal.pubcourts.mt.gov, and Mineral County District Court converted to FullCourt Enterprise in February 2019. The Judicial Branch describes the portal as a courtesy. For the most reliable case search answer, call the clerk of district court; a clerk record search costs $2 per name per year for up to 7 years and $1 per name for each additional year, current under the 2025 text of Mont. Code Ann. § 25-1-201.
Do I have to travel to Missoula for a Mineral County probate case?
Do not travel to Missoula to file the case. File with the clerk of district court in Superior. Because the 4th Judicial District judges are chambered in Missoula, a hearing or judge-directed step may involve Missoula or remote procedures under the local rules, so ask the Mineral County clerk what the assigned judge requires.
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.