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Powder River County, MT Probate Information
Quick facts
| Item | Powder River County detail |
|---|---|
| Court | The Powder River County District Court, Montana 16th Judicial District Court sitting in Powder River County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | Powder River County Courthouse, Courthouse Square, 119 North Park Avenue, Broadus, MT 59317. |
| Mailing address | Clerk of district court in Powder River County, PO Box 200, Broadus, MT 59317. |
| Phone | (406) 436-2320. |
| [email protected]. | |
| Fax | Ask the clerk whether a fax line is available for the filing or copy task you need. |
| Hours | Call (406) 436-2320 before traveling to confirm counter hours and any filing cutoff. Powder River County is on Mountain Time. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current in 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 | Powder River County does not publish a county-specific probate form or cover sheet on its District Court page. 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 through courts.mt.gov. Attorneys may use electronic filing for Powder River County probate cases because the District Court and Probate DP case type are enabled under the Judicial Branch policy dated July 30, 2026. |
| Case search | Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Powder River County District Court converted to FullCourt Enterprise in February 2025. The clerk can also perform a record search under the 2025 code text for $2 per name per year for up to 7 years, then $1 per name for each additional year (Mont. Code Ann. § 25-1-201). |
| Remote appearance | The 16th Judicial District local rules use the Judicial Video Network for remote participation. A motion and prior court permission are required, and the motion must be filed no less than one hour before the hearing. |
| Website | District court locator: courts.mt.gov/CourtLocator/16thJudicialDistrict. County District Court page: prco.mt.gov/District-Court. |
Before you begin — know the assets and liabilities
Before filing in Broadus, make a working list of the decedent's assets, debts, titled property, beneficiary designations and likely heirs. That list determines whether Powder River County is the right venue under Montana's domicile rule and whether an informal application, a formal petition with notice, or a noncourt transfer tool is realistic (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then organizes what you find into the documents and next steps a personal representative can use with the clerk of district court in Powder River County.
Which court handles jurisdiction
Probate for Powder River County is filed with the clerk of district court at the Powder River County Courthouse in Broadus. Use the Broadus filing counter for a Powder River County estate, even though the 16th Judicial District covers Carter, Custer, Fallon, Garfield, Powder River, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101).
Venue for the first informal or formal probate 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 Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Montana has no county-court probate forum and no separate 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 Powder River County, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Confirm that Powder River County is the correct venue. The first filing belongs in the county of the decedent's domicile at death, or, for a nondomiciled decedent, a Montana county where property was located (Mont. Code Ann. § 72-3-112).
- Choose the opening document. Use an application for informal probate or informal appointment with the clerk of district court, or a petition for formal probate with notice when a judge needs to decide a dispute or testacy issue (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the statewide Montana Judicial Branch forms from courts.mt.gov/Forms/endoflife. Powder River County does not publish a county-specific probate form or cover sheet on its District Court page.
- File with the clerk of district court at the Powder River County Courthouse in Broadus, or mail the packet to PO Box 200, Broadus, MT 59317. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants through courts.mt.gov.
- Pay the $100.00 filing fee, current in the 2025 code text. The total includes the $70 probate filing 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, wait until at least 120 hours have elapsed since death. 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 when the requirements are met (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- If the case needs a hearing, ask the clerk how the 16th Judicial District local rules place the matter on the Powder River County law and motion calendar. The local rules set Powder River County law and motion for the first Wednesday of each month and include probate matters within that calendar.
- If remote participation is needed, request it under the 16th Judicial District local rules. The Judicial Video Network request must be made by motion, must state whether the matter is contested and whether anyone objects, and must be filed no less than one hour before the hearing. Montana also permits testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
- After appointment, qualify before receiving Letters by filing any required bond and a statement of acceptance, then administer the estate, address creditor notice and inventory duties, and close the estate as Montana law requires (Mont. Code Ann. § 72-3-512, § 72-3-801, § 72-3-607).
Forms and documents
Probate forms in Powder River County
Powder River County does not publish a county-specific probate form or cover sheet on its District Court page. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife and file the completed packet with the clerk of district court in Broadus.
| Form or packet | Where it fits |
|---|---|
| How to Administer a Small Estate Packet | Statewide courts.mt.gov packet used for informal probate paperwork, including the application, statement of informal probate, Letters of Authority and acceptance materials. Letters of Authority is the form title used by the Montana Judicial Branch at courts.mt.gov. |
| Affidavit for Collection of Personal Property of Decedent | Statewide courts.mt.gov form for the collection of personal property by affidavit under Mont. Code Ann. § 72-3-1101. It is presented to the person or institution holding the property, not filed to open a court case. |
| Fiduciary Statement | Statewide courts.mt.gov probate form used when a fiduciary statement is required in the estate settlement process. |
| Affidavit of Death | Statewide courts.mt.gov probate form listed on the same forms page. |
Timeline
- The 16th Judicial District local rules set Powder River County law and motion on the first Wednesday of each month.
- The same local rules include probate matters on the law and motion calendar. Matters expected to be contested or to take more than 15 minutes must be scheduled for additional time with the judicial assistant under the local rules.
- Remote participation in a hearing is handled under the 16th Judicial District local rules through the Judicial Video Network. A motion and prior court permission are required, and the motion must be filed no less than one hour before the scheduled start.
Local nuance
Powder River County-specific considerations
| Local point | Why it matters |
|---|---|
| Seven-county judicial district | Powder River County is part of Montana's 16th Judicial District with Carter, Custer, Fallon, Garfield, Rosebud and Treasure Counties (Mont. Code Ann. § 3-5-101). The case is still filed with the clerk of district court in Powder River County in Broadus. |
| Department 1 grouping | The 16th Judicial District local rules group Powder River County with Custer County in Department 1. The local rules, not a separate local probate tribunal, control hearing assignment details. |
| Law and motion day | The 16th Judicial District local rules set Powder River County law and motion for the first Wednesday of each month and include probate matters in that calendar. |
| Judicial Video Network | The 16th Judicial District local rules allow remote participation for routine proceedings through the Judicial Video Network only with prior court permission and a motion filed no less than one hour before the hearing. The local rules discourage using that system for contested proceedings. |
Recent updates
| Update | What changed for Powder River County |
|---|---|
| FullCourt Enterprise conversion | Powder River County District Court converted to FullCourt Enterprise in February 2025, which is relevant to the Montana District Court Public Access Portal described at courts.mt.gov. |
| Electronic filing policy dated July 30, 2026 | Powder River County District Court is listed as Court ID 38, and the Probate DP case type is enabled for attorney electronic filing. E-filing is not available to self-represented litigants through courts.mt.gov. |
Scenarios
| Situation | Likely Powder River County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed, account titles and beneficiary designations before filing. If a probate asset remains and the decedent's domicile was in Powder River County, file with the clerk of district court in Broadus under Mont. Code Ann. § 72-3-112. | Sunset helps identify accounts, property records and liabilities so the spouse can see what belongs in the probate estate under Mont. Code Ann. § 72-3-1101 and what may pass another way. |
| Out-of-state adult child with a small estate | If only personal property needs collection, review the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101. If a personal representative is needed, mail or deliver the informal application to the clerk of district court in Powder River County in Broadus. | Sunset organizes account information, prepares a probate packet when a court filing is needed, and helps the child decide what to ask the clerk before traveling for estate settlement. |
| Parent settling a predeceased child's estate, home must be sold | If the home is a probate asset, the parent usually needs appointment as personal representative and Letters before signing sale documents. File in Powder River County if venue belongs there under Mont. Code Ann. § 72-3-112. | Sunset helps build the asset list, generate the appointment packet and connect the parent with a Montana probate attorney when a sale, title issue or family dispute makes counsel useful. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Statewide courts.mt.gov resource for civil, non-criminal legal information. The program cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/; (406) 841-2975. |
| State Law Library Self-Help Law Center | Nearest staffed Self-Help Law Center resource named for statewide use; Powder River County does not have a staffed center on the courts.mt.gov list. | 215 N Sanders, Helena; (406) 444-9300; [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake. Use it for eligibility screening, but do not assume it will take an estate matter. | mtlsa.org/apply-for-services/; HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| MontanaLawHelp.org | Public self-help library associated with Montana Legal Services Association, including life and estate planning information. | montanalawhelp.org. |
| DPHHS Legal Services Developer Program | Statewide aging-services legal information program linked by the Montana Judicial Branch for certain planning forms. | 1 (800) 332-2272. |
When to hire an attorney
Montana does not require every personal representative to start with a lawyer, and the Montana Judicial Branch provides forms and the Court Help Program for people representing themselves. Counsel makes sense when a Powder River County estate involves a home sale, a contested appointment, missing heirs, creditor disputes, tax questions, or a request for remote participation that affects evidence or testimony. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions and organizes what it finds into a practical estate settlement inventory for the personal representative.
Generate the probate packet. Sunset turns the family and asset information into a Powder River County-ready probate packet, with the court name, Broadus filing office and Montana terminology aligned to the clerk of district court.
Find a local probate attorney. If the estate needs formal probate with notice, a sale of real property, creditor issues or a contested hearing, Sunset can connect the family with a Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, locate assets and understand next steps before deciding whether to file themselves or work with counsel.
Frequently asked questions
Where do I file probate in Powder River County?
File with the clerk of district court at the Powder River County Courthouse in Broadus, or mail the filing to PO Box 200, Broadus, MT 59317. Venue belongs in the county of the decedent's domicile at death, or, for a decedent not domiciled in Montana, a county where Montana property was located (Mont. Code Ann. § 72-3-112).
Does Powder River County have a separate probate tribunal?
No. Montana has no county-court probate forum and no separate probate tribunal. The District Court has exclusive jurisdiction of all probate matters, and the Justice Court and City Court in Powder River County do not handle estate filings (Mont. Code Ann. § 72-3-111, § 3-5-302, § 3-10-301, § 3-11-102).
Can I e-file a Powder River County probate case?
E-filing is not available to self-represented litigants through courts.mt.gov, so a self-represented personal representative files on paper with the clerk of district court. Attorneys may use electronic filing for Powder River County probate cases because the District Court and Probate DP case type are enabled under the Judicial Branch policy dated July 30, 2026.
What is the Powder River County probate filing fee?
The filing fee to commence a probate is $100.00, current in the 2025 code text. The total is 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).
When are Powder River County probate matters heard?
The 16th Judicial District local rules set Powder River County law and motion on the first Wednesday of each month, and probate matters are included on that calendar. The clerk can tell you how to place a specific matter on the calendar.
How do I request remote participation in a Powder River County probate hearing?
Use the 16th Judicial District local rules. Remote participation goes through the Judicial Video Network, by video or telephone, only with prior court permission and a motion filed no less than one hour before the hearing. Montana also permits testimony by contemporaneous transmission only for good cause in compelling circumstances with safeguards (Mont. R. Civ. P. 43(a)).
Can I search a Powder River County probate case online?
Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Powder River County District Court converted to FullCourt Enterprise in February 2025, but the Judicial Branch describes portal access as a courtesy. For a clerk record search, the 2025 code text sets $2 per name per year for up to 7 years and $1 per name for each additional year (Mont. Code Ann. § 25-1-201).
Does Powder River County have local probate forms?
Powder River County does not publish a county-specific probate form or cover sheet on its District Court page. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife, including the informal probate packet and the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101.
Will I have to travel to Broadus?
A self-represented filer should expect to file on paper with the clerk of district court in Powder River County, by delivery or mail. If a hearing is set and travel is difficult, ask about a Judicial Video Network motion under the 16th Judicial District local rules rather than assuming remote participation will be approved.
Does Montana charge inheritance tax or estate tax in a Powder River County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue says 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, but an estate may still have federal tax or Montana income tax duties 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.