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Sanders County, MT Probate Information
Quick facts
| Item | Sanders County detail |
|---|---|
| Court | The Sanders County District Court, the Montana 20th Judicial District Court sitting in Sanders County (Mont. Code Ann. § 3-5-101, § 3-5-302, § 72-3-111) |
| Courthouse address | 1111 W. Main St., Thompson Falls, MT 59873 |
| Mailing address | PO Box 519, Thompson Falls, MT 59873 |
| Clerk phone | (406) 827-6962 |
| [email protected] | |
| Fax | Call the clerk to ask whether fax filing or fax copies are available for the document you need. |
| Hours | Call before traveling to confirm current public hours and any filing cutoff. Sanders 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 Montana Code total 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). Confirm the current amount with the clerk before you file. |
| Local forms | Sanders County does not post an added probate cover sheet or county probate form. Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time, according to the Montana Judicial Branch at https://courts.mt.gov/Courts/EFile/. Attorney e-filing is enabled for Sanders County District Court on Probate, case type DP, under the Judicial Branch court policy posted at courts.mt.gov. |
| Case search | The Montana District Court public access portal is published through https://courts.mt.gov/Courts/portals, and Sanders County District Court converted to FullCourt Enterprise in December 2023. Call the clerk to confirm what is available for a particular estate file. |
| Remote appearance | Remote appearance is governed by the 20th Judicial District local rules. Rule 20 permits Zoom attendance for most District Court proceedings, with listed exceptions for trials, sentencing, pretrial conferences and warrant appearances. Ask the clerk for current Zoom sign-in information. |
| Website | https://courts.mt.gov/CourtLocator/20thJudicialDistrict and https://www.co.sanders.mt.us/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Thompson Falls, list the assets, debts, account titles, beneficiary designations and any real property. Estate settlement is faster when you know what must pass through the probate estate and what may already transfer outside court.
Sunset's 2,300-institution asset discovery can help identify bank, investment, retirement and insurance accounts before you prepare papers for the clerk of district court in Sanders County. That gives the personal representative a clearer estate settlement map before paying the filing fee or asking for Letters of Authority.
Which court handles jurisdiction
Probate for Sanders County is filed with the clerk of district court at the county courthouse in Thompson Falls, 1111 W. Main St., Thompson Falls, MT 59873. Mail goes to PO Box 519, Thompson Falls, MT 59873. Venue is the decedent's county of 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).
Sanders County is one of two counties in Montana's 20th Judicial District, with Lake County. A judicial district assigns district judges and local rules, but it does not move the filing counter across county lines (Mont. Code Ann. § 3-5-101). Both district judges are chambered in Polson, in Lake County, yet district court sits in Sanders County on the local Tuesday cadence set by the 20th Judicial District local rules.
Montana puts probate in District Court: the District Court has original jurisdiction over all civil and probate matters, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111). Sanders County's Justice Court and the City Courts in Thompson Falls, Hot Springs and Plains are courts of limited jurisdiction, and Montana's Justice Court and City Court statutes do not give them probate authority (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Identify the assets, debts and title documents before filing. If the estate needs court authority, choose the informal probate application handled by the clerk or the formal probate petition handled by the district judge with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Use the statewide Montana Judicial Branch forms at https://courts.mt.gov/Forms/endoflife. Sanders County does not post an added county probate form or cover sheet. The statewide packet uses the Statement of Informal Probate and Letters of Authority, and the clerk can give forms and general procedural information but cannot give legal advice or prepare documents for you.
- File with the clerk of district court at 1111 W. Main St. in Thompson Falls, or mail the filing to PO Box 519, Thompson Falls, MT 59873. Call (406) 827-6962 before traveling because current public hours and filing cutoffs are not listed for the office.
- Pay the $100.00 commencement filing fee, current under the 2025 Montana Code, unless the court grants a fee waiver through courts.mt.gov forms. The amount is built from $70 under Mont. Code Ann. § 25-1-201, $20 under Mont. Code Ann. § 25-1-202 and the $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317.
- For an informal proceeding, the clerk of district court makes the findings the statute requires, may deny an application that does not meet them, and issues the written statement of informal probate and the Letters once the requirements are met. Informal probate or informal appointment cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- If a hearing is needed, ask the clerk which Tuesday the matter will be set. The 20th Judicial District local rules set Sanders County sittings at 10:00 a.m. on alternating Tuesdays, with Department 1 on the 2nd and 4th Tuesdays and Department 2 on the 1st and 3rd Tuesdays.
- Ask about remote appearance when the hearing is set. Montana does not give a statewide right to attend by video, and testimony by contemporaneous transmission is discretionary under Mont. R. Civ. P. 43(a). The 20th Judicial District local rules allow Zoom attendance for most proceedings, with exceptions, and the clerk can provide current sign-in information.
- After appointment, qualify before receiving letters by filing any required bond and a statement of acceptance (Mont. Code Ann. § 72-3-512). Then publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, giving creditors 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- Administer the estate by gathering assets, paying valid claims, preparing the inventory within 9 months after appointment, making distributions and closing the estate as the Montana Probate Code allows (Mont. Code Ann. § 72-3-607). Under the 20th Judicial District local rules, an estate matter not closed under statute may receive a two-year notice, and the court may dismiss the probate without prejudice unless good cause is shown.
Forms and documents
Probate forms in Sanders County
Use the Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife for Sanders County filings. Sanders County does not post an added county probate form or cover sheet. Ask the clerk of district court whether a proposed order, copies or other local presentation details are needed for your particular filing.
| Form or packet | Use in Sanders County |
|---|---|
| How to Administer a Small Estate Packet | Use this statewide packet for an informal probate path when court appointment and Letters of Authority are needed. The packet is listed on courts.mt.gov/Forms/endoflife, and the small estate phrase on this page refers to the statewide process tied to Mont. Code Ann. § 72-3-1101 where applicable. |
| Affidavit for Collection of Personal Property of Decedent | Use this statewide form only when the Mont. Code Ann. § 72-3-1101 requirements are met. It is presented to the holder of personal property, not filed to open a Sanders County probate. |
| Affidavit of Death | Listed by the Montana Judicial Branch under the probate forms heading at courts.mt.gov/Forms/endoflife. |
| Fiduciary Statement | Listed by the Montana Judicial Branch under the probate forms heading at courts.mt.gov/Forms/endoflife. |
Local nuance
Sanders County-specific considerations
| Local point | What it means for a Sanders County estate |
|---|---|
| Tuesday district court cadence | The 20th Judicial District local rules set Sanders County sittings at 10:00 a.m. every Tuesday of the month, alternating between two departments. Ask the clerk which Tuesday a probate matter will be placed on, because the local rules list the cadence but do not label a probate-only calendar. |
| Judges chambered in Polson | Both district judges for the 20th Judicial District are chambered in Polson, in Lake County. A Sanders County estate is still filed and kept with the clerk of district court in Thompson Falls (Mont. Code Ann. § 3-5-101). |
| Two-year estate notice practice | Under Rule 11 of the 20th Judicial District local rules, an estate matter not closed under statute may trigger notice to the attorney and personal representative at two years from filing. The court may dismiss the probate without prejudice unless good cause is shown, and filing a document can reactivate a closed file. |
| Zoom attendance under local rules | Rule 20 of the 20th Judicial District local rules permits Zoom attendance for most District Court proceedings, with exceptions for trials, sentencing, pretrial conferences and warrant appearances. Get current sign-in information from the clerk, not from an old saved link. |
| FullCourt Enterprise conversion | Sanders County District Court converted to FullCourt Enterprise in December 2023, according to courts.mt.gov. The Montana District Court public access portal is described by the Judicial Branch as a courtesy, so call the clerk if a case does not appear as expected. |
Recent updates
| Date | Local update |
|---|---|
| December 2023 | Sanders County District Court converted to the state's FullCourt Enterprise case management system, according to courts.mt.gov/Courts/dcourt/index. |
| September 30, 2024 | The 20th Judicial District local rules became revised and effective, including the Sanders County Tuesday sitting cadence, the Rule 11 estate notice practice and the Rule 20 Zoom policy. |
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. A survivorship deed or beneficiary designation may transfer some assets outside a court estate. If only personal property remains and the Mont. Code Ann. § 72-3-1101 requirements are met, the Affidavit for Collection of Personal Property is presented to the holder. If the house must pass through probate, file the informal probate application with the clerk of district court at 1111 W. Main St. in Thompson Falls and pay the $100.00 filing fee under Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317. | Sunset helps identify accounts, insurance and title clues before the spouse chooses the estate settlement path. |
| Out-of-state adult child with a small estate | If the probate estate fits Mont. Code Ann. § 72-3-1101 and the statute's timing and no-pending-appointment requirements are met, the affidavit route can avoid a trip to Thompson Falls. If Letters are needed, mail the application to PO Box 519, Thompson Falls, MT 59873. If a hearing is set, the 20th Judicial District local rules set Sanders County sittings on Tuesdays and allow Zoom attendance for most proceedings. | Sunset helps organize the asset list, prepare the probate packet and coordinate with local counsel when mail filing or a remote appearance is not enough. |
| Parent settling a predeceased child's estate when a home must be sold | Montana's personal-property affidavit under Mont. Code Ann. § 72-3-1101 does not transfer real property. Open the estate with the clerk of district court in Thompson Falls so the personal representative can receive Letters of Authority through courts.mt.gov forms. Notice to creditors is published once a week for 3 successive weeks, giving creditors 4 months after first publication (Mont. Code Ann. § 72-3-801). Rule 11 of the 20th Judicial District local rules means the estate should be managed with the two-year notice practice in mind. | Sunset helps find assets and debts, build the filing packet and connect the family with a Sanders County probate attorney for the sale and closing steps. |
Self-help resources
Sanders County does not have a staffed Self-Help Law Center listed for the Thompson Falls courthouse. Use the statewide Court Help Program, the clerk of district court for filing logistics, and legal counsel when you need advice.
| Resource | How to use it |
|---|---|
| Clerk of district court in Sanders County | 1111 W. Main St., Thompson Falls, MT 59873. Mail to PO Box 519, Thompson Falls, MT 59873. Phone (406) 827-6962. Email [email protected]. Call before traveling to confirm hours. |
| Montana Judicial Branch probate forms | Use https://courts.mt.gov/Forms/endoflife for statewide probate forms, including the How to Administer a Small Estate Packet, the Affidavit for Collection of Personal Property Packet under Mont. Code Ann. § 72-3-1101, the Affidavit of Death and the Fiduciary Statement. |
| Court Help Program | https://courts.mt.gov/SelfHelp/, phone (406) 841-2975. The Montana Supreme Court program helps with civil, noncriminal legal information, but it cannot give legal advice or represent you in court. |
| Montana District Court public access portal | Published through https://courts.mt.gov/Courts/portals. Sanders County District Court converted to FullCourt Enterprise in December 2023. Call the clerk if you need help locating a specific estate file. |
| Montana Legal Services Association | https://www.mtlsa.org/ and https://www.mtlsa.org/apply-for-services/. Statewide civil legal aid intake. HelpLine 1-800-666-6899. Check current intake limits before relying on help for an estate matter. |
| MontanaLawHelp.org | https://www.montanalawhelp.org. Public self-help library associated with Montana Legal Services Association. |
| State Bar of Montana lawyer referral | The Montana Judicial Branch points readers to the State Bar of Montana for lawyer referral information when an attorney is needed. |
When to hire an attorney
Montana does not make every personal representative hire a lawyer, and courts.mt.gov provides a Court Help Program and statewide forms, but those resources cannot give legal advice or represent a filer in court. In Sanders County, counsel usually makes sense when a will contest is possible, a business or agricultural interest is involved, real property must be sold, creditor issues are active, or a formal probate petition with notice must go before the district judge. Families with limited income can check current intake rules with Montana Legal Services Association at 1-800-666-6899, but should not assume it will handle estate administration. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families find bank accounts, investment accounts, retirement accounts, life insurance and other assets that shape the estate settlement plan.
Generate the probate packet. Sunset turns the family intake into an organized probate packet for Sanders County, using the Montana court terminology for the personal representative, the statement of informal probate and Letters of Authority.
Find a local probate attorney. When a filing needs legal advice, a house sale, a contest response or a formal court appearance, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets and understand next steps without paying Sunset for the service.
Frequently asked questions
Where do I file probate for Sanders County?
File with the clerk of district court at the Sanders County courthouse, 1111 W. Main St., Thompson Falls, MT 59873. Mail filings to PO Box 519, Thompson Falls, MT 59873. Probate belongs in the District Court because it has original jurisdiction over civil and probate matters and exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111).
Do the judges sit in Thompson Falls or Polson?
Both district judges for Montana's 20th Judicial District are chambered in Polson, but Sanders County estates are filed in Thompson Falls. The judicial district covers Lake and Sanders Counties under Mont. Code Ann. § 3-5-101, and the 20th Judicial District local rules set Sanders County District Court sittings on Tuesdays at 10:00 a.m.
What does it cost to start a Sanders County probate?
The filing fee to commence a probate is $100.00 under the 2025 Montana Code total. It combines $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 to confirm the current payment method before filing.
Are Sanders County probate filings electronic?
E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. A self-represented personal representative files on paper with the clerk of district court in Thompson Falls. Attorney e-filing is enabled for Sanders County District Court on Probate, case type DP, under the Judicial Branch court policy posted at courts.mt.gov.
Can I attend a Sanders County probate hearing by Zoom?
Remote appearance is controlled by the 20th Judicial District local rules and the district judge. Montana permits testimony by contemporaneous transmission only as allowed by Mont. R. Civ. P. 43(a). Local Rule 20 permits Zoom attendance for most District Court proceedings, with exceptions for trials, sentencing, pretrial conferences and warrant appearances. Ask the clerk for current sign-in information.
When are Sanders County District Court matters heard?
The 20th Judicial District local rules set Sanders County sittings on Tuesdays at 10:00 a.m., alternating between the two departments. Because the rule does not label a probate-only calendar, ask the clerk which Tuesday a particular estate matter will be set on.
Does Sanders County have its own probate forms?
Sanders County does not post an added county probate form or cover sheet. Use the statewide Montana Judicial Branch probate forms at https://courts.mt.gov/Forms/endoflife, including the packet with Letters of Authority through courts.mt.gov and the Affidavit for Collection of Personal Property under Mont. Code Ann. § 72-3-1101.
Can I look up a Sanders County probate case online?
Montana publishes a District Court public access portal through courts.mt.gov/Courts/portals, and Sanders County District Court converted to FullCourt Enterprise in December 2023. The Judicial Branch describes the portal as a courtesy. If the estate file is not available in the portal, ask the clerk about a court record search under Mont. Code Ann. § 25-1-201.
Do I have to travel to Thompson Falls to start estate settlement?
Not always. If the estate can use the personal-property affidavit under Mont. Code Ann. § 72-3-1101, that affidavit is presented to the holder of property rather than filed to open probate. If a court appointment is needed, filings may be mailed to PO Box 519, Thompson Falls, MT 59873, and the 20th Judicial District local rules may allow Zoom attendance for many hearings.
Does Montana tax a Sanders County inheritance?
Montana has no inheritance tax and no estate tax on a current death, and the Department of Revenue says at revenue.mt.gov that it no longer issues a certificate or consent to close probate. An estate may still owe federal tax and may still need 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.