Back to Montana
Prairie County, MT Probate Information
Quick facts
| Item | Prairie County information |
|---|---|
| Court | Prairie County District Court, Montana 7th Judicial District Court in Prairie County (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 217 West Park Street, Terry, MT 59349 |
| Mailing address | PO Box 125, Terry, MT 59349-0125 |
| Phone | (406) 635-5575, clerk of district court |
| Hours | Call the clerk before travelling to confirm current counter hours. Prairie 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 figure is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge under current Montana law (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Forms | Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. Ask the clerk whether Prairie County or the 7th Judicial District wants any additional local cover sheet. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to the Montana Judicial Branch at courts.mt.gov. A self-represented personal representative files on paper with the clerk in Terry. Attorneys may e-file because Prairie County District Court and Probate, case type DP, are enabled under the July 30, 2026 court policy and the Montana Temporary Electronic Filing Rules, AF 14-0745. |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Prairie County District Court converted to FullCourt Enterprise in January 2021. Call the clerk to confirm what is available for a Prairie County case. |
| Remote appearance | Ask the clerk what the 7th Judicial District local rules require. Montana has no statewide right to appear remotely; 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/7thJudicialDistrict |
Before you begin — know the assets and liabilities
Before you choose a filing path in Prairie County, list the assets, debts, title documents, beneficiary designations and likely creditors. That front-end inventory keeps estate settlement from starting in the wrong county or with the wrong form.
Sunset's estate settlement tools can help identify accounts across more than 2,300 financial institutions, organize liabilities and prepare the information you need before you call or visit the clerk of district court in Terry.
Which court handles jurisdiction
Probate for Prairie County is filed with the clerk of district court at the county courthouse in Terry, 217 West Park Street, Terry, MT 59349, with mail to PO Box 125, Terry, MT 59349-0125. Prairie County is one of five counties in Montana's 7th Judicial District, with Dawson, McCone, Richland and Wibaux Counties (Mont. Code Ann. § 3-5-101).
The 7th Judicial District's two district judges sit in Sidney, Richland County, and in Glendive, Dawson County. Neither is chambered in Prairie County, so the judge who signs an order in a Prairie County estate may sit in another county while the filing stays in Terry.
Montana does not use a county-level estate tribunal or a 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 Terry, have no probate jurisdiction (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 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 correct Montana paperwork. Informal probate uses an application to the clerk, and formal probate uses a petition with notice (Mont. Code Ann. § 72-1-103, § 72-3-301). Statewide probate forms are posted by the Montana Judicial Branch at courts.mt.gov/Forms/endoflife.
- File the original paperwork with the clerk of district court at the Prairie County District Court in Terry, or mail it to PO Box 125, Terry, MT 59349-0125. Self-represented litigants file on paper because e-filing is not available to self-represented litigants through courts.mt.gov.
- Pay the $100.00 filing fee to commence a probate. The amount comes from 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 or informal appointment, wait until the statute allows the clerk to act. The clerk may issue the statement of informal probate only after at least 120 hours have elapsed since death, and informal appointment of a personal representative follows the timing rule in the appointment statute (Mont. Code Ann. § 72-3-215, § 72-3-225).
- If notice is required, give notice as Montana law and the court require. After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and the creditor claim period runs from the first publication as stated in the statute (Mont. Code Ann. § 72-3-801).
- If a hearing is set, ask the clerk how the 7th Judicial District schedules the matter. No Prairie County probate hearing day is provided here because the usable local rules for the 7th Judicial District were not available in the materials used for this page.
- Ask before planning to appear by phone or video. Remote appearance in a Prairie County probate matter is decided under the 7th Judicial District local rules and the district judge's order; Montana Rule of Civil Procedure 43(a) addresses testimony by contemporaneous transmission for good cause in compelling circumstances.
- After approval, obtain the statement of informal probate and Letters of Authority when applicable. The Montana Judicial Branch packet explains that the judge or clerk of court signs the Statement of Informal Probate and the Letters of Authority, and the personal representative must qualify before receiving letters by filing any required bond and a statement of acceptance (Mont. Code Ann. § 72-3-215, § 72-3-512; courts.mt.gov/Forms/endoflife).
- Administer and close the estate. The personal representative gathers assets, deals with creditors, keeps records, prepares the inventory within 9 months after appointment and completes the filings needed to finish administration (Mont. Code Ann. § 72-3-607).
Forms and documents
Probate forms in Prairie County
Prairie County probate uses the statewide Montana Judicial Branch forms posted at courts.mt.gov/Forms/endoflife. The page includes the Affidavit of Death, the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the How to Administer a Small Estate Packet under Mont. Code Ann. § 72-3-1101, and a Fiduciary Statement.
The statewide packet includes forms for an informal probate filing, including the Application for Informal Probate, Renunciation of Priority and Nomination, Statement of Informal Probate, Letters of Authority, Acceptance of Appointment and Notice to Heirs and Devisees. The Prairie County clerk's phone number is (406) 635-5575; ask whether the 7th Judicial District wants any extra cover sheet or copy set before you file.
Local nuance
Prairie County-specific considerations
| Local point | What it means in Prairie County |
|---|---|
| Filing counter | The Prairie County estate file is opened with the clerk of district court in Terry, even though the 7th Judicial District's district judges sit in Sidney and Glendive (Mont. Code Ann. § 3-5-101). |
| Judge location | The judge assigned to a Prairie County estate may be chambered outside Prairie County. That does not move the filing location from Terry. |
| Attorney e-filing | Prairie County District Court and Probate, case type DP, are enabled for attorney e-filing under the July 30, 2026 court policy posted through courts.mt.gov. E-filing is not available to self-represented litigants. |
| Remote appearance | Ask the clerk what the 7th Judicial District local rules require before assuming that a phone or video appearance will be allowed. |
Recent updates
| Date | Prairie County update |
|---|---|
| January 2021 | Prairie County District Court converted to FullCourt Enterprise, according to courts.mt.gov/Courts/dcourt/index. |
| July 30, 2026 | Prairie County District Court is listed as enabled for attorney e-filing, including Probate case type DP, in the court policy materials posted through courts.mt.gov. E-filing is not available to self-represented litigants. |
Scenarios
| Situation | Likely Prairie County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how the home is titled and whether any assets still need a Prairie County personal representative. If a probate estate must be opened, file with the clerk of district court in Terry under the Prairie County venue rule when the decedent's domicile was Prairie County (Mont. Code Ann. § 72-3-112). | Sunset helps identify accounts, debts and title questions so the spouse knows whether estate settlement requires a court filing or can focus on noncourt transfers. |
| Out-of-state adult child with a small estate | If only personal property is involved and the probate estate meets the $100,000 ceiling, the Affidavit for Collection of Personal Property may be presented to the holder after the statutory waiting period instead of starting a Prairie County District Court case (Mont. Code Ann. § 72-3-1101). If a court appointment is needed, the filing goes to Terry, and a self-represented filer uses paper filing. | Sunset helps sort assets by institution, prepare the affidavit information or the probate packet, and coordinate with a Montana attorney when distance makes local filing difficult. |
| Parent settling predeceased child's estate, home must be sold | A sale of real property often requires authority from a personal representative. File the appropriate informal application or formal petition with notice in the Prairie County District Court, then use the Letters of Authority to work with buyers, title professionals and creditors (Mont. Code Ann. § 72-3-215; courts.mt.gov/Forms/endoflife). | Sunset helps organize the asset list, generate the starting packet and connect the parent with a local probate attorney for the sale and court steps. |
Self-help resources
| Resource | How it helps Prairie County families | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Free statewide information for civil, noncriminal legal problems. The program can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/; (406) 841-2975 |
| State Law Library Self-Help Law Center | Staffed self-help location in Helena for Montana court information. It is not in Prairie County, but it is a statewide resource. | 215 North Sanders, Helena; (406) 444-9300; [email protected]; courts.mt.gov/SelfHelp/ |
| Dawson County Courthouse rural self-help location | The Montana Supreme Court lists a rural self-help location at the Dawson County Courthouse in Glendive by appointment. Dawson County is in the same 7th Judicial District as Prairie County, but this is not a Prairie County courthouse service. | courts.mt.gov/SelfHelp/ |
| Montana Legal Services Association | Statewide civil legal aid intake. Eligibility and case acceptance vary, so do not assume an estate matter will be accepted. | 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 from Montana Legal Services Association, including life and estate planning topics linked from the Montana Judicial Branch forms page. | montanalawhelp.org |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, insurance, investments and debts that may matter for Prairie County estate settlement.
Generate the probate packet. Sunset turns the asset and family information you collect into an organized probate packet for review before filing with the clerk of district court in Terry.
Find a local probate attorney. When the estate needs counsel, Sunset can connect the family with a vetted Montana probate attorney who understands District Court filings and Letters of Authority.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and decide whether to handle the filing themselves or get attorney help.
Frequently asked questions
Where do I file probate in Prairie County, Montana?
File with the clerk of district court at the Prairie County District Court in Terry. The street address is 217 West Park Street, Terry, MT 59349, and the mailing address is PO Box 125, Terry, MT 59349-0125. Venue is based on the decedent's domicile at death or, for a non-Montana decedent, a county where property was located (Mont. Code Ann. § 72-3-112).
Is Prairie County in the 7th Judicial District?
Yes. Prairie County is in Montana's 7th Judicial District with Dawson, McCone, Richland and Wibaux Counties (Mont. Code Ann. § 3-5-101). The estate file is still opened in Terry with the Prairie County clerk of district court.
Do I have to travel to Sidney or Glendive for a Prairie County probate?
Not to file the case. The filing stays with the clerk of district court in Terry. The 7th Judicial District judges sit in Sidney and Glendive, so if a hearing is set, ask the clerk whether the assigned judge requires travel or permits another appearance method under the 7th Judicial District local rules.
Can I e-file a Prairie 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 in Terry. Attorneys may e-file because Prairie County District Court and Probate, case type DP, are enabled under the July 30, 2026 court policy.
Can I look up a Prairie County probate case online?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov, and Prairie County District Court converted to FullCourt Enterprise in January 2021. The Judicial Branch describes the portal as a courtesy rather than a required statutory service, so call the clerk to confirm what is available for a specific Prairie County case. The clerk can also search court records for the statutory search charge stated in Mont. Code Ann. § 25-1-201.
What probate forms does Prairie County use?
Start with the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. The statewide page includes the informal probate packet, Letters of Authority materials and the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101. Ask the Prairie County clerk whether any local cover sheet or copy set is wanted.
How much is the Prairie County probate filing fee?
The filing fee to commence a probate is $100.00 under current Montana law. 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).
Does Montana have inheritance tax or estate tax for a Prairie County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death. The Department of Revenue says at revenue.mt.gov that the inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not reach deaths 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 may need a Montana income tax return for the estate.
When can the clerk issue Letters of Authority in an informal Prairie County probate?
In an informal proceeding, the clerk of district court makes the statutory findings and may issue the statement of informal probate only after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). Before receiving letters, the personal representative qualifies by filing any required bond and a statement of acceptance (Mont. Code Ann. § 72-3-512; courts.mt.gov/Forms/endoflife).
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.