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Rosebud County, MT Probate Information
Quick facts
| Item | Rosebud County details |
|---|---|
| Court | Rosebud County District Court, Montana 16th Judicial District Court, Department 2 (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 1200 Main Street, Forsyth, MT 59327 |
| Mailing address | PO Box 48, Forsyth, MT 59327 |
| Phone | (406) 346-7322 |
| Fax | (406) 346-2719. Call before sending any filing by fax. |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m., Mountain Time. Call before traveling near a holiday or filing cutoff. |
| Filing fee | $100.00 as of August 2026 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The total is the $70 statutory 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). |
| Local probate forms | Rosebud County does not list a county-specific probate packet. Use the statewide probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing status | E-filing is not available to self-represented litigants, according to courts.mt.gov. Attorneys may use electronic filing for Rosebud County District Court Probate (DP) cases under the July 30, 2026 court policy. |
| Case search | Rosebud County District Court converted to FullCourt Enterprise in December 2024. Montana's District Court public access portal is linked from courts.mt.gov/Courts/portals, and the clerk can answer what is available for a specific case. |
| Remote appearance | Under the 16th Judicial District local rules, Judicial Video Network participation requires the Court's prior permission and a motion filed no less than one hour before the hearing. |
| Website | courts.mt.gov/CourtLocator/16thJudicialDistrict and rosebudcountymt.gov/departments/clerk-of-district-court/ |
Before you begin — know the assets and liabilities
Before you file in Rosebud County, list the assets, debts, title documents, beneficiaries, and any will. The right estate settlement path depends on what passes through the probate estate, who has priority to serve, whether anyone objects, and whether real property must be sold.
Sunset's 2,300-institution asset discovery can help you identify bank, brokerage, insurance, retirement, and other accounts before you choose forms or estimate the estate settlement workload. Bring that asset picture when you call the clerk of district court in Forsyth or speak with an attorney.
Which court handles jurisdiction
Probate for Rosebud County is filed with the clerk of district court at the Rosebud County Courthouse in Forsyth, 1200 Main Street, Forsyth, MT 59327. Venue for the first informal or formal testacy or appointment proceeding is the county of the decedent's 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).
Rosebud County is one of seven counties in Montana's 16th Judicial District, with Carter, Custer, Fallon, Garfield, Powder River, and Treasure Counties (Mont. Code Ann. § 3-5-101). Department 2 covers Carter, Fallon, Garfield, Rosebud, and Treasure Counties, and the Department 2 judge for Rosebud County matters is chambered in Forsyth.
Montana's District Court has exclusive jurisdiction of all probate matters, and the District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). The Justice Court and City Court that sit in the county are courts of limited jurisdiction and do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Identify the will, heirs, devisees, assets, debts, and any real property before choosing the estate settlement path. Confirm whether Rosebud County is the proper venue based on the decedent's domicile or Montana property (Mont. Code Ann. § 72-3-112).
- Choose the filing track. In an informal probate, the application goes to the clerk of district court, and the clerk makes the statutory findings before issuing the statement of informal probate after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-215). A formal probate begins by petition with notice before the district judge (Mont. Code Ann. § 72-3-301).
- Prepare the statewide Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife. Rosebud County does not list a county-specific probate packet, so check with the clerk before filing if you are unsure whether an additional local cover sheet is needed.
- File on paper with the clerk of district court at 1200 Main Street in Forsyth, or mail the packet to PO Box 48, Forsyth, MT 59327. Self-represented litigants cannot use e-filing through courts.mt.gov.
- Pay the $100.00 filing fee as of August 2026, unless the court grants a fee waiver through Montana court forms. The $100.00 total is the $70 probate fee, the $20 additional filing fee, and the $10 user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317; courts.mt.gov).
- If a hearing or Law and Motion setting is needed, ask to be calendared under the 16th Judicial District local rules. Rosebud County Law and Motion is every Monday and on Thursdays as needed, and matters must be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion.
- If you need to participate by video or telephone, file a Judicial Video Network motion under the 16th Judicial District local rules. The motion must be filed no less than one hour before the hearing and must state whether the matter is contested, whether any party objects, and whether appearance will be by audio-video or telephone.
- After approval, obtain the statement of informal probate and Letters of Authority from the court forms process at courts.mt.gov, then file any required bond and statement of acceptance before receiving letters (Mont. Code Ann. § 72-3-215, § 72-3-512).
- Administer the estate. The personal representative gives notice to creditors by publication once a week for 3 successive weeks, and creditors generally have 4 months after first publication to present claims (Mont. Code Ann. § 72-3-801). The inventory is due within 9 months after appointment (Mont. Code Ann. § 72-3-607). Closing may involve the closing statement procedure when the statute applies (Mont. Code Ann. § 72-3-1104).
Forms and documents
Probate forms in Rosebud County
Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. Rosebud County does not list a county-specific probate packet, and the clerk's page directs readers to Montana court forms rather than a local Rosebud form set.
| Form or packet | When it comes up |
|---|---|
| How to Administer a Small Estate Packet | Used for informal probate materials, including the application, statement of informal probate, Letters of Authority, acceptance, and related documents. If you use the phrase small estate, also check the Affidavit for Collection of Personal Property rules under Mont. Code Ann. § 72-3-1101. |
| Affidavit for Collection of Personal Property of Decedent | Used for the personal-property affidavit route after 30 days, when the probate estate is within $100,000 as of August 2026 and the other statutory conditions are met (Mont. Code Ann. § 72-3-1101). It is presented to the holder of the property, not opened as a Rosebud County District Court case. |
| Fiduciary Statement | Used when the statewide form applies to the fiduciary's authority and information. |
| Affidavit of Death | Used when the statewide death affidavit form fits the property or transfer issue. |
Timeline
- Informal probate authority cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). A nonresident decedent's informal appointment has a separate 30-day rule in the statute (Mont. Code Ann. § 72-3-225).
- Rosebud County Law and Motion is every Monday and on Thursdays as needed under the 16th Judicial District local rules. Probate matters are included on that calendar when they are appropriate for Law and Motion.
- Matters for Rosebud County Law and Motion must be calendared with the judicial assistant by 4:00 p.m. on the business day before Law and Motion under the local rules.
- Judicial Video Network requests must be made by motion under the local rules, and the motion must be filed no less than one hour before the scheduled start of the hearing.
- After appointment, creditor notice and inventory deadlines are statewide: notice to creditors is tied to 4 months after first publication (Mont. Code Ann. § 72-3-801), and the inventory is due within 9 months after appointment (Mont. Code Ann. § 72-3-607).
Local nuance
Rosebud County-specific considerations
| Local point | Why it matters |
|---|---|
| Department 2 judge is based in Forsyth | Rosebud County is in a seven-county judicial district, but the Department 2 judge for Rosebud County matters is chambered in Forsyth. Filing and the judge's chambers are both in Rosebud County (Mont. Code Ann. § 3-5-101). |
| Law and Motion schedule | The 16th Judicial District local rules list Rosebud County Law and Motion for every Monday and Thursdays as needed. Matters must be calendared by 4:00 p.m. on the business day before Law and Motion. |
| Judicial Video Network | The local rules require prior Court permission and a motion for video or telephone participation. The motion must state whether the matter is contested, whether any party objects, and how the party will participate. |
| FullCourt Enterprise conversion | Rosebud County District Court converted to FullCourt Enterprise in December 2024, according to courts.mt.gov, so the Montana District Court public access portal may include Rosebud County case information. Call the clerk for what is available in a specific case. |
Recent updates
| Date | Local update |
|---|---|
| December 2024 | Rosebud County District Court converted to FullCourt Enterprise, according to courts.mt.gov/Courts/dcourt/index. |
| July 30, 2026 | Montana Judicial Branch e-filing court policy listed Rosebud County District Court and included Probate (DP) in the statewide case-type table. The same courts.mt.gov policy states that e-filing is not available to self-represented litigants. |
Scenarios
| Situation | Rosebud County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking the deed, account titles, beneficiary designations, and whether any asset needs a Rosebud County District Court appointment. If probate is needed, file with the clerk of district court in Forsyth and ask whether the matter belongs on the Law and Motion calendar. | Sunset helps identify titled assets, account beneficiaries, debts, and the estate settlement tasks that remain after co-owned property is reviewed. |
| Out-of-state adult child w/ small estate | If only personal property is involved and the probate estate fits the $100,000 as of August 2026 affidavit route, the Affidavit for Collection of Personal Property may be presented after 30 days under Mont. Code Ann. § 72-3-1101. If a court appointment is needed, a self-represented filer files on paper with the Forsyth clerk because courts.mt.gov says e-filing is not available to self-represented litigants. | Sunset helps gather balances, locate accounts, generate the right starting packet, and connect the family with local counsel if an informal application is not enough. |
| Parent settling predeceased child's estate, home must be sold | Real property often requires a personal representative with Letters of Authority before a sale can close. File in Rosebud County if venue is proper because of domicile or Montana property (Mont. Code Ann. § 72-3-112), then coordinate any hearing date through the 16th Judicial District local rules. | Sunset helps organize the asset list, prepare the court packet, and find a probate attorney for sale, title, creditor, or family-conflict issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montana Supreme Court Court Help Program | Provides legal information for civil, non-criminal problems through courts.mt.gov. The program cannot give legal advice or represent you in court. | (406) 841-2975, courts.mt.gov/SelfHelp/ |
| State Law Library Self-Help Law Center | The statewide Helena self-help location can point self-represented litigants to Montana forms and information. It is not a Rosebud County courthouse service. | 215 N Sanders, Helena, MT; (406) 444-9300; [email protected]; courts.mt.gov |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take an estate matter. Its HelpLine hours are Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. | 1-800-666-6899; 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 |
| Custer County courthouse self-help kiosk | Rosebud County's clerk page notes a self-help kiosk at the Custer County courthouse with access to MontanaLawHelp.org and Montana legal forms. Treat it as a nearby forms-access point, not a staffed Rosebud County center. | Ask the Rosebud County clerk of district court at (406) 346-7322 before relying on it for a trip. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families find bank, brokerage, retirement, insurance, and other accounts that shape the estate settlement plan.
Generate the probate packet. Sunset turns the asset and family information into a Rosebud County filing checklist and helps prepare the Montana forms used for the local District Court filing.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted Montana probate attorney for formal probate, real property, creditor, or contested issues.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and attorney help is optional when the situation calls for it.
Frequently asked questions
Where do I file probate in Rosebud County?
File with the clerk of district court for the Rosebud County District Court at the Rosebud County Courthouse in Forsyth. The courthouse address is 1200 Main Street, Forsyth, MT 59327, and the mailing address is PO Box 48, Forsyth, MT 59327.
Is Rosebud County in a multi-county judicial district?
Yes. Rosebud County is in Montana's 16th Judicial District with Carter, Custer, Fallon, Garfield, Powder River, and Treasure Counties (Mont. Code Ann. § 3-5-101). Rosebud County matters are in Department 2, and the Department 2 judge is based in Forsyth.
Does the Justice Court in Forsyth handle estate filings?
No. The District Court has exclusive jurisdiction over all probate matters, and the District Court has original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302). The Justice Court and City Court are courts of limited jurisdiction and do not handle probate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
Can I e-file a Rosebud County probate case if I am representing myself?
No. The Montana Judicial Branch states on courts.mt.gov that e-filing is not available to self-represented litigants. A self-represented personal representative files on paper with the clerk of district court in Forsyth. Attorneys may use electronic filing for Rosebud County District Court Probate (DP) cases under the July 30, 2026 courts.mt.gov policy.
What is the Rosebud County probate filing fee?
The filing fee to commence a probate is $100.00 as of August 2026. That 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).
When are probate matters heard in Rosebud County?
The 16th Judicial District local rules place Rosebud County Law and Motion on every Monday and on Thursdays as needed. The local rules include probate matters on the Law and Motion calendar when appropriate, and matters must be calendared by 4:00 p.m. on the business day before Law and Motion. Montana also has an uncontested formal route by statute (Mont. Code Ann. § 72-3-307).
Can I appear remotely in a Rosebud County probate matter?
Only with the Court's prior permission under the 16th Judicial District local rules. Remote participation uses the Judicial Video Network by video or telephone, and the motion must be filed no less than one hour before the hearing. Montana Rule of Civil Procedure 43(a) also lets a court permit testimony by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
Are there Rosebud County probate forms?
Rosebud County does not list its own probate packet. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and call the clerk at (406) 346-7322 before filing if you want to confirm whether the office wants any additional local cover page.
Can I look up a Rosebud County District Court probate case online?
Montana links the District Court public access portal from courts.mt.gov/Courts/portals, and Rosebud County District Court converted to FullCourt Enterprise in December 2024. The Judicial Branch describes the portal as a courtesy rather than a required statutory service. For in-person case information, the clerk can conduct a record search for $2 as of August 2026 per name per year for up to 7 years, then $1 as of August 2026 per name for each additional year (Mont. Code Ann. § 25-1-201).
Does Montana have inheritance tax or estate tax for a Rosebud County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. 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 requires a certificate or consent to close probate, according to revenue.mt.gov. An estate may still need federal tax work or 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.