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Richland County, MT Probate Information
Quick facts
| Item | Richland County detail |
|---|---|
| Court | The Richland County District Court, Montana's 7th Judicial District Court sitting in Richland County (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 300 12th Avenue NW, Suite 3, Sidney, MT 59270. |
| Mailing address | 300 12th Ave. NW, Suite 3, Sidney, MT 59270. |
| Clerk phone | (406) 433-1709. |
| Fax | (406) 433-6945. |
| Hours | Call (406) 433-1709 before traveling to confirm counter hours. |
| Filing fee | $100.00 to start a probate, current under the 2025 MCA: $70 under Mont. Code Ann. § 25-1-201, plus $20 under Mont. Code Ann. § 25-1-202, plus a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. |
| Probate forms | Use the Montana Judicial Branch statewide probate forms at https://courts.mt.gov/Forms/endoflife. A Richland County-specific probate form is not published on the local clerk of district court page. |
| E-filing | E-filing is not available to self-represented litigants at this time, per courts.mt.gov. Richland County District Court is listed by courts.mt.gov as enabled for attorney electronic filing in Probate (DP) cases. |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov. Richland County District Court converted to FullCourt Enterprise in March 2021. |
| Remote appearance | Ask the clerk what the judge requires under any applicable 7th Judicial District local rules. Montana has no statewide right to appear by video or telephone, and contemporaneous transmission of testimony depends on good cause in compelling circumstances under Mont. R. Civ. P. 43(a). |
| Websites | Richland County clerk of district court page: https://www.richland.org/clerk-of-district-court.html. Montana court locator: https://courts.mt.gov/CourtLocator/7thJudicialDistrict. |
Before you begin — know the assets and liabilities
Before you file in Sidney, list the decedent's assets, debts, titled property, beneficiary designations and accounts. Montana venue depends on the decedent's domicile at death, or if the decedent was not domiciled in Montana, a county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Estate settlement usually goes faster when you know what must pass through probate and what may transfer another way. Sunset's 2,300-institution asset discovery helps families look for accounts, insurance, retirement assets and other property before choosing forms or asking the clerk about the next filing step.
Which court handles jurisdiction
Probate for Richland County is filed with the clerk of district court at the county courthouse in Sidney, Montana, 300 12th Avenue NW, Suite 3. The clerk of district court is an elected county office under Mont. Code Ann. § 7-4-2203, and the office is the filing counter for Richland County estate matters.
Richland County is one of five counties in Montana's 7th Judicial District, with Dawson, McCone, Prairie and Wibaux Counties (Mont. Code Ann. § 3-5-101). The 7th Judicial District has two district judges, one located in Sidney and one in Glendive, so a Richland County filing stays in Richland County even though the judicial district includes other counties.
Montana has no county-level estate tribunal and no stand-alone 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 listed for Sidney and Fairview, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue 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).
The jurisdiction process
- Identify the probate property, debts, interested persons and whether the decedent had a will. If you will serve as personal representative, plan for the inventory of probate property within 9 months after appointment, including fair market value and encumbrances (Mont. Code Ann. § 72-3-607).
- Choose the opening track. Informal probate uses an application to the clerk of district court, and the clerk makes the statutory findings before issuing a statement of informal probate (Mont. Code Ann. § 72-3-215). Formal probate uses a petition, notice and a district judge, with contested or more complex questions handled in the formal track (Mont. Code Ann. § 72-3-301).
- File with the clerk of district court at 300 12th Avenue NW, Suite 3, Sidney, MT 59270. A self-represented personal representative files on paper because e-filing is not available to self-represented litigants at this time, per courts.mt.gov. Attorney electronic filing is enabled for Richland County Probate (DP) cases through courts.mt.gov.
- Pay the filing fee. The probate commencement amount is $100.00, current under the 2025 MCA: $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. Call the clerk before filing to confirm the amount and accepted payment methods.
- Handle required notice. 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 creditors have 4 months after the date of first publication to present claims, subject to the statute's actual-notice rule and claim bar (Mont. Code Ann. § 72-3-801, § 72-3-803).
- Ask the clerk about scheduling if the case needs a hearing. Informal probate can be handled by the clerk when the statutory findings are met, but a formal probate matter proceeds with notice before the district judge. Any request to appear remotely depends on the judge and applicable 7th Judicial District local rules, with testimony by contemporaneous transmission governed by Mont. R. Civ. P. 43(a).
- Obtain authority. In an informal proceeding the clerk of district court makes the required findings, may deny an application that does not meet them, and issues the written statement of informal probate and the 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). The statewide forms at courts.mt.gov/Forms/endoflife call the authority document Letters of Authority, and the personal representative qualifies by filing any required bond and a statement of acceptance (Mont. Code Ann. § 72-3-512).
- Administer and finish the estate. Collect assets, pay allowed claims and expenses, address any tax filings, distribute property to the people entitled to it and complete the closing filings required for the route used. Montana has a 3-year outer limit for starting most probate proceedings after death, with statutory exceptions (Mont. Code Ann. § 72-3-122).
Forms and documents
Probate forms in Richland County
The Montana Judicial Branch publishes statewide probate forms under the heading "Wills, Trusts, Powers of Attorney, Estate Planning, Probate" at https://courts.mt.gov/Forms/endoflife. The page includes the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101, the How to Administer a Small Estate Packet under Mont. Code Ann. § 72-3-1101, the Affidavit of Death, the Fiduciary Statement and related estate planning forms.
For a Richland County filing, use the statewide forms and put Richland County and the Richland County District Court in the caption where the form calls for the county and court. A Richland County-specific probate form is not published on the local clerk of district court page.
Local nuance
Richland County-specific considerations
| Local point | Why it matters |
|---|---|
| Suite 3 filing counter in Sidney | File Richland County probate papers with the clerk of district court at 300 12th Avenue NW, Suite 3, Sidney, MT 59270. Call (406) 433-1709 before traveling to confirm counter hours. |
| 7th Judicial District structure | Richland County is in Montana's 7th Judicial District with Dawson, McCone, Prairie and Wibaux Counties (Mont. Code Ann. § 3-5-101). One district judge is located in Sidney and another in Glendive, but a Richland County case is filed in Sidney. |
| Attorney electronic filing enabled | Richland County District Court is listed by courts.mt.gov as enabled for attorney electronic filing in Probate (DP) cases. E-filing is not available to self-represented litigants at this time, per courts.mt.gov. |
| FullCourt Enterprise conversion | Richland County District Court converted to FullCourt Enterprise in March 2021, according to courts.mt.gov, so check the District Court Public Access Portal at dcportal.pubcourts.mt.gov and call the clerk if you need help locating a case. |
Recent updates
| Date | Local update |
|---|---|
| March 2021 | Richland County District Court converted to FullCourt Enterprise, according to courts.mt.gov. |
| July 30, 2026 | courts.mt.gov lists Richland County District Court as enabled for attorney electronic filing in Probate (DP) cases. E-filing is not available to self-represented litigants at this time. |
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Confirm whether the home is probate property before filing. If a personal representative is needed, file in Sidney with the clerk of district court at 300 12th Avenue NW, Suite 3, and use informal probate through the clerk when the application fits the statutory findings. | Sunset helps identify accounts, debts and title questions before the spouse pays the $100.00 filing fee, current under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. |
| out-of-state adult child w/ small estate | If only personal property needs to be collected and the Montana affidavit conditions fit, the Affidavit for Collection of Personal Property may be presented to the holder after 30 days, if the probate estate limit and other requirements in Mont. Code Ann. § 72-3-1101 are met. If probate must be opened, the paper filing goes to the clerk in Sidney unless an attorney files electronically through courts.mt.gov. | Sunset organizes asset discovery and can help compare the affidavit route under Mont. Code Ann. § 72-3-1101 with a Richland County District Court filing. |
| parent settling predeceased child's estate, home must be sold | A sale often requires a personal representative with Letters from the Richland County District Court. File the application or petition in Sidney, ask the clerk about scheduling if a hearing is needed, and use the statewide forms at courts.mt.gov/Forms/endoflife. | Sunset helps gather account information, generate a probate packet for estate settlement and connect the family with a Montana probate attorney when a sale or title issue needs legal judgment. |
Self-help resources
| Resource | How to use it |
|---|---|
| Montana Court Help Program, courts.mt.gov/SelfHelp/, (406) 841-2975 | A statewide Montana Supreme Court program for civil, non-criminal problems. The program can provide legal information and resources, but it cannot give legal advice or represent you in court. |
| State Law Library Self-Help Law Center, 215 N Sanders, Helena, (406) 444-9300, [email protected] | Use this statewide Self-Help Law Center resource through courts.mt.gov if you cannot reach a staffed center in Richland County. It cannot give legal advice or represent you. |
| Montana Legal Services Association, 1-800-666-6899 HelpLine, Tuesday through Thursday, 9:00 am to 1:00 pm, mtlsa.org/apply-for-services/ | Statewide civil legal aid intake. Do not assume it will take a probate representation matter; use it to ask about eligibility and available help. |
| MontanaLawHelp.org, from Montana Legal Services Association | Public self-help articles and forms information, including life and estate planning materials linked from the Montana Judicial Branch. |
When to hire an attorney
How Sunset helps
Find the accounts and assets
Sunset helps families search for accounts, policies, benefits and property so the Richland County probate filing starts from a clearer asset list.
Generate the probate packet
Sunset can help assemble the information needed for estate settlement forms, including names, addresses, asset details and the local filing destination in Sidney.
Find a local probate attorney
When a Richland County estate needs legal judgment, a contested filing, a home sale or attorney electronic filing, Sunset can connect the family with a probate attorney.
Sunset is free for families
Sunset is free for families and helps organize the practical work around estate settlement before and after the filing with the clerk of district court.
Frequently asked questions
Where do I file probate in Richland County, Montana?
File with the clerk of district court at the Richland County District Court, 300 12th Avenue NW, Suite 3, Sidney, MT 59270. Venue belongs in the county of the decedent's domicile at death, or, for a decedent not domiciled in Montana, a county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Can I e-file probate papers in Richland County?
If you are self-represented, no. The Montana Judicial Branch states that e-filing is not available to self-represented litigants at this time, per courts.mt.gov. Richland County District Court is listed by courts.mt.gov as enabled for attorney electronic filing in Probate (DP) cases.
What is the Richland County probate filing fee?
The probate commencement amount is $100.00, current under the 2025 MCA. That total is $70 under Mont. Code Ann. § 25-1-201, plus $20 under Mont. Code Ann. § 25-1-202, plus a $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. Call the clerk at (406) 433-1709 before filing to confirm payment methods.
Are there Richland County probate forms?
Use the Montana Judicial Branch statewide probate forms at https://courts.mt.gov/Forms/endoflife. A Richland County-specific probate form is not published on the local clerk of district court page.
Will my Richland County informal probate need a hearing?
Informal probate is handled through an application to the clerk of district court, and the clerk issues the statement of informal probate when the statutory findings are met and at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). Formal probate uses a petition and notice, and Montana has a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-301, § 72-3-307). Ask the clerk whether the judge has set any hearing in your case.
Can I appear by phone or video in a Richland County probate matter?
Remote appearance depends on the district judge and any applicable 7th Judicial District local rules. Montana does not give a statewide right to appear by video or telephone, and testimony by contemporaneous transmission requires good cause in compelling circumstances under Mont. R. Civ. P. 43(a). Ask the clerk what the judge requires before you travel.
How do I look up a Richland County probate case?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov for courts using FullCourt Enterprise. Richland County District Court converted to FullCourt Enterprise in March 2021. If the portal does not answer your question, call the clerk of district court.
Does Montana have inheritance tax or estate tax for a Richland County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death, according to revenue.mt.gov. The inheritance tax reaches no death after January 1, 2001, the estate tax reaches no death after December 31, 2004, and the Department of Revenue no longer issues a certificate or consent to close probate. An estate may still have federal tax issues or a Montana fiduciary income tax filing.
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.