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Phillips County, MT Probate Information
Quick facts
| Item | Phillips County detail |
|---|---|
| Court | Phillips County District Court, Montana 17th Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 314 South 2nd Avenue West, Malta, MT 59538 |
| Mailing address | PO Box 530, Malta, MT 59538 |
| Phone | (406) 654-1023, clerk of district court |
| Hours | Call the clerk at (406) 654-1023 before traveling to confirm current public hours, filing cutoffs and holiday changes. Phillips 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 2025 MCA 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 | Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife. Ask the clerk whether the 17th Judicial District wants any local cover sheet. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney may use electronic filing for Phillips County District Court probate case type DP under the July 30, 2026 Judicial Branch court policy. |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, but Phillips County was not listed on the April 2025 FullCourt Enterprise conversion list. Call the clerk before assuming a Phillips County case can be searched online. |
| Remote appearance | Ask the clerk what the district judge requires under the 17th Judicial District local rules. Montana has no statewide right to appear remotely, although testimony by contemporaneous transmission may be allowed for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Court website | courts.mt.gov/CourtLocator/17thJudicialDistrict |
Before you begin — know the assets and liabilities
Before opening estate settlement in Phillips County, make a practical list of the decedent's assets, debts, account holders, beneficiaries and real property. Venue usually turns on the decedent's domicile at death, and if the decedent was not domiciled in Montana, it turns on where Montana property was located (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then uses what is found to help identify whether a Phillips County District Court filing, a transfer outside court, or legal advice is the next step.
Which court handles jurisdiction
Probate for Phillips County is filed with the clerk of district court at the county courthouse in Malta, 314 South 2nd Avenue West, Malta, MT 59538, with mail sent to PO Box 530, Malta, MT 59538. 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, for a decedent not domiciled in Montana, in any county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Montana has no county-level trial court for estates and no stand-alone court just 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 under Mont. Code Ann. § 3-10-301 and the City Court under Mont. Code Ann. § 3-11-102, have no probate jurisdiction.
Phillips County is one of three counties in Montana's 17th Judicial District, with Blaine and Valley counties (Mont. Code Ann. § 3-5-101). The district judge for the 17th Judicial District is chambered in Malta, so a Phillips County estate is filed in Malta and the district judge is also based in Malta.
The jurisdiction process
- Confirm venue and the asset picture. File in Phillips County if the decedent's domicile or Montana property makes venue proper there (Mont. Code Ann. § 72-3-112). Bring the original will if there is one, a death certificate if required by the forms, and a list of probate assets and debts.
- Choose the filing path. An informal probate uses an application to the clerk of district court; formal probate uses a petition with notice before the district judge (Mont. Code Ann. § 72-1-103, § 72-3-301). Use the statewide probate forms at courts.mt.gov/Forms/endoflife and ask the clerk whether any 17th Judicial District cover sheet is wanted.
- File with the clerk of district court in Malta. 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. An attorney may use electronic filing for Phillips County District Court probate case type DP under the July 30, 2026 Judicial Branch court policy.
- Pay the commencement charge. The 2025 MCA probate filing fee is $100.00, made up of $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317.
- Wait for the clerk's informal review or the judge's hearing track. In an informal proceeding, 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 Letters after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). If the matter needs the law and motion calendar, the 17th Judicial District local rules set Malta sessions on the second Monday and on the Tuesday after the fourth Monday of each month at 9:00 a.m.
- Qualify and use the Letters of Authority. Before receiving letters, the personal representative files any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512). The statewide court packet at courts.mt.gov/Forms/endoflife calls the authority document Letters of Authority.
- Give creditor notice and administer the estate. The personal representative publishes notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditors generally have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801). Claims are also subject to the 1 year after the decedent's death bar in Mont. Code Ann. § 72-3-803.
- Prepare the inventory and close the estate. Within 9 months after appointment, the personal representative prepares an inventory of probate property with fair market value and encumbrance detail (Mont. Code Ann. § 72-3-607). Finish administration, pay valid expenses and taxes, distribute property and close the estate under the Montana procedure that applies to the case.
Forms and documents
Probate forms in Phillips County
Start with the Montana Judicial Branch forms page at courts.mt.gov/Forms/endoflife. The probate section includes the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the How to Administer a Small Estate Packet, the Affidavit of Death, the Fiduciary Statement and related estate planning forms.
Phillips County does not publish a county-specific probate packet in the 17th Judicial District local rules. Before filing, call the clerk of district court in Malta to ask whether the clerk wants a local cover sheet or a particular number of copies.
The clerk can provide forms and general information about procedure, and can check for signatures, notarization, the right county name and a case number. The clerk cannot fill out the forms or give legal advice.
Timeline
- Before filing, call the clerk of district court at (406) 654-1023 to confirm current public hours, filing cutoffs and whether the next Malta law and motion date is affected by a holiday.
- For Malta, Phillips County, the 17th Judicial District local rules set law and motion on the second Monday and on the Tuesday after the fourth Monday of each month at 9:00 a.m.
- If a scheduled law and motion date falls on a holiday, the 17th Judicial District local rules continue it to the next business day.
- Rule 18(b) of the 17th Judicial District local rules includes probate proceedings among the routine matters heard at law and motion. Rule 18(c) requires notice to the clerk of court by noon on the preceding business day, and probate is called second on the calendar after adoption.
- For access needs, the 17th Judicial District local rules state that a matter needing handicapped access will be held in the Justice Court courtroom on the first floor of the Phillips County courthouse. That is an accessibility venue note only; the Justice Court has no probate jurisdiction (Mont. Code Ann. § 3-10-301).
Local nuance
Phillips County-specific considerations
| Local point | What it means in Phillips County |
|---|---|
| Judge location | Phillips County is in Montana's 17th Judicial District with Blaine and Valley counties (Mont. Code Ann. § 3-5-101). The district judge is chambered in Malta, so the filing counter and the judge are both in Phillips County. |
| Attorney e-filing | Phillips County District Court is enabled for electronic filing, including probate case type DP, under the July 30, 2026 Judicial Branch court policy at courts.mt.gov. E-filing is not available to self-represented litigants at this time. |
| Case lookup | Montana's District Court Public Access Portal is published through courts.mt.gov, but Phillips County was not on the April 2025 FullCourt Enterprise conversion list. Call the clerk to confirm current online case search coverage for a Phillips County estate. |
| Law and motion | The 17th Judicial District local rules set Malta law and motion sessions on the second Monday and on the Tuesday after the fourth Monday of each month at 9:00 a.m., with probate proceedings included among routine matters. |
Recent updates
| Date | Phillips County update |
|---|---|
| July 30, 2026 | The Montana Judicial Branch court policy at courts.mt.gov lists Phillips County District Court as enabled for electronic filing, including Probate (DP). Self-represented litigants still cannot use e-filing. |
| Local rules | The 17th Judicial District local rules set Malta law and motion for Phillips County on the second Monday and on the Tuesday after the fourth Monday of each month at 9:00 a.m., with probate proceedings included among routine matters. |
Scenarios
| Situation | Likely Phillips County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home was titled and whether any assets need a Phillips County District Court estate. If a court filing is needed, venue is in the county of the decedent's domicile or Montana property under Mont. Code Ann. § 72-3-112. | Sunset helps identify accounts, property and liabilities so the spouse can see what actually needs estate settlement and what may pass outside the court file. |
| Out-of-state adult child with a small estate | If the assets are personal property and the probate estate is within the $100,000 limit as amended by Ch. 453, L. 2023, the Affidavit for Collection of Personal Property may apply under Mont. Code Ann. § 72-3-1101. If a Phillips County District Court estate is needed, a self-represented filer files on paper with the clerk in Malta. | Sunset helps collect account information, organize balances and generate the right questions for the clerk or a Montana attorney before the child travels. |
| Parent settling a predeceased child's estate, home must be sold | A home sale usually requires careful review of title and authority. If the home is part of the probate estate, file the appropriate application or petition with the Phillips County clerk of district court and use Letters of Authority from courts.mt.gov forms once issued. | Sunset helps assemble the estate settlement packet, identify missing assets and connect the parent with a vetted probate attorney when a sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Phillips County clerk of district court | Accepts estate filings for the Phillips County District Court, provides general filing information and can check forms for signatures, notarization, county name and case number. The clerk cannot give legal advice or fill out forms. | 314 South 2nd Avenue West, PO Box 530, Malta, MT 59538. Phone (406) 654-1023. |
| Montana Judicial Branch probate forms | Statewide probate forms, including the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101 and the packet that includes Letters of Authority. | courts.mt.gov/Forms/endoflife |
| Court Help Program | A free Montana Supreme Court program for civil, non-criminal problems. 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 | Statewide self-help location in Helena for forms and legal information. It is not a Phillips County courthouse office. | 215 N Sanders, Helena, phone (406) 444-9300 |
| Montana Legal Services Association | Statewide civil legal services 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 a.m. to 1:00 p.m. |
| Montana District Court Public Access Portal | District court case search through courts.mt.gov for courts included in the state's FullCourt Enterprise system. Phillips County coverage should be checked with the clerk. | dcportal.pubcourts.mt.gov |
| State Bar of Montana | Attorney referral information for families who need probate counsel. | Phone (406) 449-6577 |
When to hire an attorney
Consider a Montana probate attorney if there is a disagreement among heirs, a missing or questionable will, a real property sale, creditor problems, a nonresident decedent, tax questions, or a formal probate petition with notice under Mont. Code Ann. § 72-3-301. Sunset connects to a vetted 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 institutions that may matter in a Phillips County estate settlement.
Generate the probate packet. Sunset turns the asset picture into an organized estate settlement packet so you can prepare for the Phillips County clerk of district court, the statewide forms at courts.mt.gov/Forms/endoflife, and any attorney review.
Find a local probate attorney. When the estate involves a home sale, contested beneficiaries, formal probate with notice, or questions the clerk cannot answer, Sunset can help connect you with a Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, find assets and understand next steps before deciding whether they need court filing help or legal counsel.
Frequently asked questions
Where do I file probate in Phillips County, Montana?
File with the clerk of district court for the Phillips County District Court at the Phillips County Courthouse, 314 South 2nd Avenue West, Malta, MT 59538. Mail goes to PO Box 530, Malta, MT 59538. Venue depends on domicile or Montana property under Mont. Code Ann. § 72-3-112.
Do I file in Malta or in another 17th Judicial District county?
File a Phillips County estate in Malta. Phillips County is in Montana's 17th Judicial District with Blaine and Valley counties, but that judicial district grouping under Mont. Code Ann. § 3-5-101 does not move the filing counter to another county.
Can I e-file a Phillips 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 Malta.
Can an attorney e-file a Phillips County probate case?
Yes, under the July 30, 2026 Judicial Branch court policy at courts.mt.gov, Phillips County District Court is enabled for electronic filing and Probate (DP) is an enabled case type. The Montana Temporary Electronic Filing Rules, AF 14-0745, govern use of the system.
What is the Phillips County probate filing fee?
The 2025 MCA filing fee to commence a probate is $100.00. It is made up of $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317.
When are Phillips County probate matters heard?
The 17th Judicial District local rules set law and motion at Malta, Phillips County, on the second Monday and on the Tuesday after the fourth Monday of each month at 9:00 a.m. Rule 18 includes probate proceedings among the routine matters heard on that calendar and requires notice to the clerk of court by noon on the preceding business day.
Can I appear by video or phone in a Phillips County probate matter?
Ask the clerk what the 17th Judicial District local rules and the district judge require for your hearing. Montana has no statewide right to appear remotely, but a district court may permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
Can I look up a Phillips County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, but Phillips County was not on the April 2025 FullCourt Enterprise conversion list. Call the clerk to confirm whether a Phillips County case can be searched online. If you need an in-person record search, the 2025 MCA search charge is $2 for each name for each year searched for up to 7 years, and $1 for each additional year (Mont. Code Ann. § 25-1-201).
Do inheritance tax or estate tax rules affect a Phillips County probate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue says 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 the Department no longer issues a certificate or consent to close probate. An estate may still owe federal tax or have to file 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.