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Petroleum County, MT Probate Information
Quick facts
| Item | Petroleum County detail |
|---|---|
| Court | Petroleum County District Court, Montana 10th Judicial District Court in Petroleum County (Mont. Code Ann. § 3-5-101, § 72-3-111). |
| Courthouse address | Petroleum County publishes the Clerk of District Court at 302 East Main Street, Winnett, MT 59087. The Montana Judicial Branch lists 201 E. Main St. for the District Court. Call before travelling because the two official listings use different street numbers. |
| Mailing address | PO Box 226, Winnett, MT 59087-0226. |
| Phone | (406) 429-5105 for the clerk of district court. |
| Fax | (406) 429-6328. |
| [email protected]. | |
| Hours | Call (406) 429-5105 to confirm current public counter hours and any filing cutoff before you go to Winnett. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current under the 2025 code text. The total 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 | Petroleum County publishes a court fees PDF but no county-specific probate form. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Petroleum County District Court is listed by courts.mt.gov as enabled for electronic filing on Probate (DP) case types, but e-filing is not available to self-represented litigants at this time. A self-represented filer uses paper filing with the clerk of district court. |
| Case search | Montana publishes a District Court Public Access Portal through courts.mt.gov, and Petroleum County District Court converted to FullCourt Enterprise in September 2023. Ask the clerk what is available for a particular case. |
| Remote appearance | The 10th Judicial District local rules control. Personal appearance is generally not required for an uncontested probate proceeding when proper documentation is supplied and no interested party objects, but the court may order otherwise and contested or substantive matters require a motion for Zoom at least two business days before the hearing under local rules. |
| Website | Petroleum County district court filing office: petroleumcountymt.org/departments/clerk-of-district-court/. Montana Judicial Branch Court Locator: courts.mt.gov/CourtLocator/10thJudicialDistrict. |
Before you begin — know the assets and liabilities
Before you file in Petroleum County, identify the decedent's probate assets, debts, nonprobate transfers, and who has priority to act. That first pass determines whether you are preparing an informal probate application for the clerk, a formal probate petition with notice, or a noncourt transfer for personal property under Mont. Code Ann. § 72-3-1101.
Sunset's estate settlement platform can search across more than 2,300 institutions for accounts and benefits, organize liabilities, and turn what you find into a filing plan for the clerk of district court in Winnett. That matters in a small county because one missing account can change the paperwork and the people who must receive notice.
Which court handles jurisdiction
Probate for Petroleum County is filed with the clerk of district court in Winnett. Venue for the first informal or formal 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 any county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Petroleum County is one of three counties in Montana's 10th Judicial District, with Fergus and Judith Basin Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Lewistown, and district-wide Law and Motion is regularly held in the Fergus County Courthouse under the 10th Judicial District local rules. The estate case itself is still filed and kept with the Petroleum County clerk of district court in Winnett.
Montana has no county-level probate tribunal and no standalone probate tribunal: 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 Winnett, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the correct paperwork. 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 Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife, including the documents the statewide packet uses for informal probate, the statement of informal probate and Letters of Authority (Mont. Code Ann. § 72-3-215; courts.mt.gov).
- File with the clerk of district court in Petroleum County. Petroleum County publishes 302 East Main Street, Winnett, MT 59087, and the mailing address is PO Box 226, Winnett, MT 59087-0226. Call (406) 429-5105 before travelling because official listings use different street numbers.
- Pay the $100.00 filing fee, current under the 2025 code text, unless the court grants a waiver. The total includes 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; courts.mt.gov).
- For informal probate, wait until at least 120 hours have elapsed after death before the clerk may issue the written statement of informal probate or appoint a personal representative (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Complete the required notice work. A personal representative publishes notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditor claims are generally tied to 4 months after first publication, with the separate outer bar in Mont. Code Ann. § 72-3-803 (Mont. Code Ann. § 72-3-801, § 72-3-803).
- If the matter is contested or requires the district judge, follow the 10th Judicial District local rules for Law and Motion. Uncontested formal matters have a distinct Montana route (Mont. Code Ann. § 72-3-307), and the local rules govern whether the court requires in-person, Zoom, or other appearance arrangements.
- For an uncontested probate proceeding, the 10th Judicial District local rules state that personal appearance is generally not required when proper documentation has been supplied and no interested party objects, unless the court orders otherwise. A party intending to appear by Zoom must notify the Court Administrator or other court personnel before the hearing, and a Zoom motion for a substantive or contested matter must be filed at least two business days before the hearing under local rules.
- After approval, receive the statement of informal probate and Letters of Authority from the clerk of district court or district judge, then qualify by filing any required bond and a statement of acceptance before receiving letters (Mont. Code Ann. § 72-3-512; courts.mt.gov).
- Administer and close the estate. Prepare the inventory within 9 months after appointment, handle creditor claims and distributions, and use any closing statement only as Montana law allows (Mont. Code Ann. § 72-3-607, § 72-3-801, § 72-3-1104).
Forms and documents
Probate forms in Petroleum County
Petroleum County does not publish a county-specific probate form on its Clerk of District Court page. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and call the clerk of district court in Winnett before filing to ask whether the office wants any local cover page, extra copies, or a particular payment method.
| Form resource | When it matters in Petroleum County |
|---|---|
| How to Administer a Small Estate Packet | Use this statewide courts.mt.gov packet when an informal court appointment is needed. It includes the application materials, the statement of informal probate and Letters of Authority used with the clerk (Mont. Code Ann. § 72-3-215; courts.mt.gov/Forms/endoflife). |
| Affidavit for Collection of Personal Property of Decedent | Use this statewide courts.mt.gov form only when the conditions in Mont. Code Ann. § 72-3-1101 are met. The $100,000 ceiling was raised by Ch. 453, L. 2023 and applies to the probate estate, less liens and encumbrances (Mont. Code Ann. § 72-3-1101). |
| Fiduciary Statement | Use this statewide courts.mt.gov form if it fits the estate settlement task you are filing with the clerk. |
| Affidavit of Death | Use this statewide courts.mt.gov form when it fits the transfer or title issue you are addressing. |
Timeline
- Before filing, call the clerk of district court at (406) 429-5105 to confirm where to bring the papers, because Petroleum County publishes 302 East Main Street while the Montana Judicial Branch lists 201 E. Main St. for the District Court.
- Informal probate can be processed by the clerk only after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Law and Motion for all counties in the 10th Judicial District is regularly held in the Fergus County Courthouse under the district's local rules. Uncontested Civil Law and Motion is on Monday mornings, Substantive Law and Motion is on Monday afternoons, and Criminal Law and Motion is on Tuesdays under those local rules.
- For an uncontested probate proceeding, the 10th Judicial District local rules generally do not require personal appearance when proper documentation has been supplied and no interested party objects, unless the court orders otherwise. The same local rules require advance notice to the Court Administrator or other court personnel for a Zoom appearance.
- For a contested or substantive hearing, the 10th Judicial District local rules require a motion for Zoom appearance at least two business days before the hearing, and the request is not guaranteed.
- After appointment, prepare the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607).
Local nuance
Petroleum County-specific considerations
| Local issue | What to do |
|---|---|
| Two official street listings | Petroleum County's own Clerk of District Court page uses 302 East Main Street, Winnett, MT 59087. The Montana Judicial Branch Court Locator uses 201 E. Main St. The phone, mailing address and office match. Call (406) 429-5105 before travelling. |
| Judge chambered outside Petroleum County | Petroleum County is in Montana's 10th Judicial District with Fergus and Judith Basin Counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Lewistown, but the Petroleum County estate filing stays with the clerk of district court in Winnett. |
| Uncontested probate appearances | Under the 10th Judicial District local rules, personal appearance is generally not required for probate proceedings where proper documentation has been supplied and no interested party objects, unless the court orders otherwise. For Zoom, notify the Court Administrator or other court personnel before the hearing under local rules. |
| Land records office is different | Petroleum County lists the clerk and recorder as a separate office from the Clerk of District Court. Probate filings go to the clerk of district court, not the clerk and recorder. |
Recent updates
| Update | What changed for Petroleum County filers |
|---|---|
| 10th Judicial District local rules dated November 5, 2025 | The local rules address Law and Motion in the Fergus County Courthouse and telephonic or video appearances. They specifically include uncontested probate proceedings where proper documentation has been supplied and no interested party objects, subject to court discretion and local rules. |
| Electronic filing policy as of July 30, 2026 | Petroleum County District Court is listed by courts.mt.gov as enabled for electronic filing, with Probate (DP) included. 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. |
| FullCourt Enterprise conversion in September 2023 | Petroleum County District Court appears on the courts.mt.gov FullCourt Enterprise conversion list, so the District Court Public Access Portal may be useful for case search questions, subject to what the clerk says is available. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Petroleum County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking whether the home passes outside the probate estate and whether any accounts still require court authority. If court authority is needed, file with the clerk of district court in Winnett under the Petroleum County venue rule if the decedent's domicile was Petroleum County (Mont. Code Ann. § 72-3-112). | Sunset helps sort probate and nonprobate assets, gather title and account information, and prepare an estate settlement plan before you call the clerk. |
| Out-of-state adult child with a small estate | If only personal property needs transfer and the statutory conditions are met, the Affidavit for Collection of Personal Property may work after 30 days, with the $100,000 probate estate ceiling raised by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). If court appointment is needed, a self-represented filer must file on paper with the clerk of district court because e-filing is not available to self-represented litigants at this time through courts.mt.gov. | Sunset identifies accounts, prepares the right packet, and helps coordinate with a local attorney if a court appointment or Montana real property issue makes the estate settlement more complex. |
| Parent settling a predeceased child's estate, home must be sold | A sale of real property usually requires clear authority from a personal representative or another valid transfer route. File the probate application or formal petition with the Petroleum County clerk of district court if venue is proper, and ask about any hearing setting under the 10th Judicial District local rules (Mont. Code Ann. § 72-3-112, § 72-3-301). | Sunset helps assemble asset information, creditor details, interested-person lists, and attorney options so the family can move from uncertainty to a usable estate settlement packet. |
Self-help resources
| Resource | How it helps Petroleum County families | Contact |
|---|---|---|
| Clerk of District Court in Petroleum County | The filing office for District Court probate matters in Petroleum County. The clerk can provide forms and general procedural information, but court staff cannot give legal advice or choose strategy for you. | (406) 429-5105, [email protected]. |
| Montana Supreme Court Court Help Program | A free statewide civil, non-criminal information program through courts.mt.gov. The program can provide legal information and resources, but it cannot give legal advice or represent you in court. | (406) 841-2975, courts.mt.gov/SelfHelp/. |
| State Law Library Self-Help Center | Statewide self-help access through the State Law Library. The Petroleum County Resource Guide hosted by courts.mt.gov directs Petroleum County residents to call the State Law Library to schedule Self-Help Connect access through the Fergus County Courthouse. | (406) 444-9300. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter, especially when staffing or case priorities limit intake. | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. Apply at mtlsa.org/apply-for-services/. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning materials. | montanalawhelp.org. |
When to hire an attorney
Consider a Montana probate attorney if the estate includes real property to sell, disagreement among heirs or devisees, creditor disputes, missing heirs, tax filings, or a need for formal probate with notice. Montana does not require every personal representative to hire a lawyer, but court staff and the Court Help Program cannot give legal advice or represent you in court, and Sunset connects families with a vetted attorney when the estate settlement needs legal help.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize what the family already knows, so you can see which assets belong in the Petroleum County probate estate and which may transfer another way.
Generate the probate packet. Sunset turns the asset list, family information, and creditor details into an organized estate settlement packet for the clerk of district court in Winnett, using Montana terminology such as personal representative, statement of informal probate, and Letters of Authority.
Find a local probate attorney. When a Petroleum County estate needs legal advice, a formal petition with notice, a real property sale, or help with a contested hearing, Sunset can connect the family to a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to understand the next steps, organize documents, and decide whether to file on their own or work with counsel before paying for professional help.
Frequently asked questions
Where do I file probate in Petroleum County?
File with the clerk of district court in Petroleum County. Petroleum County publishes the Clerk of District Court at 302 East Main Street, Winnett, MT 59087, with mailing at PO Box 226, Winnett, MT 59087-0226. Because the Montana Judicial Branch lists 201 E. Main St. for the District Court, call (406) 429-5105 before travelling.
Is Petroleum County probate filed in Lewistown because the judge sits there?
No. Petroleum County is in Montana's 10th Judicial District with Fergus and Judith Basin Counties, and the district judge is chambered in Lewistown (Mont. Code Ann. § 3-5-101). The Petroleum County probate case is still filed with the clerk of district court in Winnett.
Can I e-file a Petroleum County probate case?
Courts.mt.gov lists Petroleum County District Court as enabled for electronic filing on Probate (DP) case types, so an attorney may use the system when permitted. E-filing is not available to self-represented litigants at this time through courts.mt.gov, so a self-represented personal representative files on paper with the clerk of district court.
How much is the Petroleum County probate filing fee?
The filing fee to commence a probate is $100.00, current under the 2025 code text. 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 Petroleum County have its own probate forms?
Petroleum County publishes a court fees document but no county-specific probate form on its Clerk of District Court page. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then call the clerk to ask about copies, payment and local filing preferences.
Will I have to travel to Lewistown for a Petroleum County probate hearing?
Not for the filing itself, which stays with the clerk of district court in Winnett. For hearings, the 10th Judicial District local rules matter. They say personal appearance is generally not required for an uncontested probate proceeding where proper documentation has been supplied and no interested party objects, unless the court orders otherwise. For substantive or contested matters, a Zoom request must be made by motion at least two business days before the hearing under local rules.
Can I look up a Petroleum County probate case online?
Montana publishes a District Court Public Access Portal through courts.mt.gov. Petroleum County District Court converted to FullCourt Enterprise in September 2023, but the portal is described by courts.mt.gov as a courtesy rather than a required statutory service. Call the clerk for help with a Petroleum County case search.
Does Montana collect inheritance tax or estate tax in a Petroleum 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 deaths after January 1, 2001, the estate tax does not apply to 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 fiduciary income tax obligations.
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.