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Stillwater County, MT Probate Information
Quick facts
| Item | Stillwater County details |
|---|---|
| Court | Stillwater County District Court, Montana 22nd Judicial District (Mont. Code Ann. § 3-5-101) |
| Courthouse address | 400 N. 3rd Avenue, Columbus, MT 59019 |
| Mailing address | PO Box 367, Columbus, MT 59019 |
| Phone | (406) 322-8030, clerk of district court |
| [email protected] for copy and search requests | |
| Hours | Call before visiting. A clerk-hours table is not posted on the Stillwater County clerk page. |
| Filing fee | $100 to commence a probate, formal or informal or ancillary, under the 2025 MCA. The amount combines 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). |
| Local forms | Stillwater County does not publish a county-specific probate form. Use Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | Attorneys must use electronic filing in Stillwater County for enabled case types, including Probate DP, under 22nd Judicial District local rules and courts.mt.gov policy. E-filing is not available to self-represented litigants at this time, according to courts.mt.gov. |
| Case search | Montana publishes a District Court Public Access Portal through courts.mt.gov, and Stillwater County District Court converted to FullCourt Enterprise in December 2021. Call the clerk to confirm what can be found for a specific case. |
| Remote appearance | Under 22nd Judicial District local rules, the court may permit appearance by Zoom, telephone or another telecommunication method, but counsel must file a motion at least 48 hours before the hearing and the court has sole discretion to grant or deny it. |
| Website | courts.mt.gov/CourtLocator/22ndJudicialDistrict and www.stillwatercountymt.gov/202/Clerk-Of-District-Court |
Before you begin — know the assets and liabilities
Before you file in Columbus, list the decedent's assets, debts, titled property, beneficiary designations and any accounts that might pass outside the court file. That first inventory helps you decide whether Stillwater County needs a District Court case, whether a bank or other holder can work from an affidavit under Mont. Code Ann. § 72-3-1101, and which people must receive notice.
Sunset's estate settlement tools can help identify accounts across more than 2,300 institutions, organize liabilities and prepare a filing packet for the clerk of district court. That preparation matters in Stillwater County because the clerk reviews an informal application, and the 22nd Judicial District local rules place routine probate proceedings on law and motion settings rather than a separate estate calendar.
Which court handles jurisdiction
Probate for Stillwater County is filed with the clerk of district court at the county courthouse in Columbus, 400 N. 3rd Avenue, Columbus, MT 59019. Stillwater County is one of three counties in Montana's 22nd Judicial District, with Big Horn and Carbon Counties (Mont. Code Ann. § 3-5-101). Each county in the district has its own clerk of district court, so a Stillwater County filing goes to Columbus, not to Hardin or Red Lodge.
Venue for the first informal or formal 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 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 Columbus, do not handle probate matters (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the filing path. For informal probate, prepare an application for the clerk of district court; for formal probate, prepare a petition for the district judge with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301). If you are using the Affidavit for Collection of Personal Property instead of opening a case, confirm the requirements in Mont. Code Ann. § 72-3-1101.
- Gather the statewide Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife, including the forms for informal probate, the statement of informal probate and the Letters of Authority. Stillwater County does not publish a county-specific probate form.
- File at the Stillwater County clerk of district court in Columbus. A self-represented filer files on paper because e-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney handling a Stillwater County DP probate case must use electronic filing under 22nd Judicial District local rules and courts.mt.gov policy.
- Pay the $100 commencement amount under the 2025 MCA, unless the court grants a fee waiver through courts.mt.gov forms. The $100 combines 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, the clerk of district court makes the statutory findings and may issue the written statement of informal probate only after at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-212, § 72-3-215). For informal appointment, the clerk appoints the personal representative subject to qualification and acceptance, with a 30-day delay for a nonresident decedent unless the statute's exception applies (Mont. Code Ann. § 72-3-225).
- If the matter needs a hearing or law and motion setting, ask the Stillwater County clerk for the current 22nd Judicial District dates. The 22nd Judicial District local rules say reasonable effort will be made to schedule two law and motion dates monthly in each county, and routine matters include probate proceedings.
- If remote appearance is needed, follow the 22nd Judicial District local rules. The court may permit Zoom, telephone or another telecommunication method, but counsel must file a motion at least 48 hours before the hearing, state that the opposing party was consulted and say whether the request is opposed. 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 of the duties of the office (Mont. Code Ann. § 72-3-512). The Letters of Authority from courts.mt.gov forms are the document third parties usually ask to see during estate settlement.
- Administer and close the estate. The personal representative publishes notice to creditors once a week for 3 successive weeks, and creditors have 4 months after the date of 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), and the ordinary outer limit to begin probate is 3 years after death (Mont. Code Ann. § 72-3-122).
Forms and documents
Probate forms in Stillwater County
Stillwater County does not publish a county-specific probate form or cover sheet for estate filings. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then file the completed paperwork with the Stillwater County clerk of district court in Columbus.
| Form or packet | Use in Stillwater County |
|---|---|
| How to Administer a Small Estate Packet | Use for informal probate paperwork when a District Court case is needed. The packet includes the application, statement of informal probate and Letters of Authority, and should be read with Mont. Code Ann. § 72-3-1101 when evaluating smaller estates. |
| Affidavit for Collection of Personal Property of Decedent | Use only when the requirements of Mont. Code Ann. § 72-3-1101 are met. The affidavit is presented to the person or institution holding personal property, not opened as a Stillwater County District Court case. |
| Affidavit of Death | Available through the same Montana Judicial Branch probate forms page at courts.mt.gov/Forms/endoflife. |
| Fiduciary Statement | Available through the same Montana Judicial Branch probate forms page at courts.mt.gov/Forms/endoflife. |
Fees
Stillwater County's posted clerk fee list matches the statewide clerk-fee statutes for probate under the 2025 MCA. The probate commencement amount is $100 for formal, informal or ancillary probate, made up of 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).
| Charge | Amount and basis |
|---|---|
| Probate, guardianship or conservatorship commencement | $100 under the 2025 MCA for formal, informal or ancillary filing (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317) |
| Foreign probate with certificate | $85 under the 2025 MCA (Mont. Code Ann. § 25-1-201) |
| Certification with seal | $2 under the 2025 MCA (Mont. Code Ann. § 25-1-201) |
| Copies | $1 per page for the first ten pages, then 50 cents per page under the 2025 MCA (Mont. Code Ann. § 25-1-201) |
| Record search | $2 per name per year for up to 7 years, then $1 per name for each additional year under the 2025 MCA (Mont. Code Ann. § 25-1-201) |
Timeline
- Opening review. Informal probate and informal appointment cannot issue until at least 120 hours have elapsed since death, and the clerk of district court applies the statutory findings before issuing the statement of informal probate or making the appointment (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Law and motion scheduling. The 22nd Judicial District local rules say reasonable effort will be made to schedule two law and motion dates monthly in each county, and routine matters include probate proceedings. Ask the Stillwater County clerk for the current Columbus dates.
- Remote requests. Under 22nd Judicial District local rules, counsel who wants a remote appearance must file a motion at least 48 hours before the hearing. The court decides whether to allow Zoom, telephone or another telecommunication method.
- Creditor period. After appointment, the personal representative publishes notice once a week for 3 successive weeks, and creditors have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801). Claims may also be barred by the 1 year after the decedent's death limit in Mont. Code Ann. § 72-3-803.
- Inventory. The personal representative prepares the inventory within 9 months after appointment, with fair market value and encumbrance information for probate property (Mont. Code Ann. § 72-3-607).
Local nuance
Stillwater County-specific considerations
| Local point | What it means for a Stillwater County estate |
|---|---|
| Judge sits in Columbus | Stillwater County is in Montana's 22nd Judicial District with Big Horn and Carbon Counties, and the district judge is chambered in Columbus (Mont. Code Ann. § 3-5-101). A Stillwater County estate matter stays centered at the Columbus courthouse. |
| Law and motion dates | Under 22nd Judicial District local rules, the court tries to schedule two law and motion dates monthly in each county, and routine matters include probate proceedings. The rule does not fix a weekday, so call the clerk for the current Stillwater County dates. |
| Attorney electronic filing | Stillwater County has attorney electronic filing for Probate DP cases under 22nd Judicial District local rules and courts.mt.gov policy. E-filing is not available to self-represented litigants at this time, so a self-represented personal representative uses paper filing with the clerk. |
| Remote appearance motion | Under 22nd Judicial District local rules, remote appearance may be by Zoom, telephone or another telecommunication method, but counsel must file a motion at least 48 hours before the hearing and the court has sole discretion to grant or deny it. |
| Standing Master | The 22nd Judicial District local rules identify a Standing Master under courts.mt.gov local rules materials, but those rules do not state that Stillwater County probate matters are automatically referred to that officer. |
Recent updates
| Update | What changed locally |
|---|---|
| 22nd Judicial District local rules effective January 1, 2024 | The local rules include law and motion scheduling for routine probate proceedings, attorney electronic filing in Stillwater County and a 48-hour motion process for remote appearance. |
| Judicial Branch electronic filing policy as of July 30, 2026 | courts.mt.gov lists Stillwater County District Court as enabled for electronic filing, including Probate DP, and states that e-filing is not available to self-represented litigants at any court. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Stillwater County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by separating jointly owned assets, beneficiary assets and assets that need the Stillwater County District Court. If a probate case is needed, file with the clerk of district court in Columbus and use the statewide probate forms at courts.mt.gov/Forms/endoflife. | Sunset helps organize title information, accounts and debts so the spouse can decide what belongs in the estate settlement packet. |
| Out-of-state adult child w/ small estate | Check whether the Affidavit for Collection of Personal Property can be used under Mont. Code Ann. § 72-3-1101. If a District Court case is needed instead, the self-represented child files on paper in Columbus because e-filing is not available to self-represented litigants under courts.mt.gov policy. | Sunset helps find accounts, generate the forms list and connect the child to a Stillwater County probate attorney if travel or signing logistics become difficult. |
| Parent settling predeceased child's estate, home must be sold | Real property usually requires authority from a personal representative, so the parent should expect a Stillwater County District Court filing with the clerk of district court. Formal probate requires notice, and any hearing or law and motion setting follows 22nd Judicial District local rules. | Sunset helps assemble asset details, creditor information and a probate packet for estate settlement, and can connect the parent with a vetted attorney for the sale and court steps. |
Self-help resources
| Resource | How to use it |
|---|---|
| Montana Supreme Court Court Help Program, courts.mt.gov/SelfHelp/, (406) 841-2975 | A statewide civil self-help resource. The Court Help Program says it can provide legal information and direct people to resources, but it cannot give legal advice or represent you in court. |
| State Law Library Self-Help Law Center, courts.mt.gov/SelfHelp/ | The nearest named staffed center for Stillwater County readers is the State Law Library location in Helena. Call before relying on in-person availability. |
| Montana Legal Services Association, mtlsa.org, HelpLine 1-800-666-6899 | Statewide civil legal aid intake. HelpLine hours are Tuesday through Thursday, 9:00 am to 1:00 pm. MLSA's own site noted reduced staffing, so do not assume it will accept an estate matter. |
| MontanaLawHelp.org, Montana Legal Services Association | Public self-help library linked by Montana court resources, including life and estate planning materials. |
| Stillwater County clerk of district court, (406) 322-8030 | The clerk can answer general filing questions, provide public case information and direct you to forms, but court staff cannot give legal advice or complete your forms. |
When to hire an attorney
Consider a Montana probate attorney if the will may be contested, a house must be sold, the personal representative lives outside Montana, creditors are difficult, family members disagree or the clerk of district court does not approve an informal application. Montana does not require every personal representative to have counsel, but the Judiciary's own materials tell readers to ask a lawyer when an estate is complicated. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions, helps identify accounts that may belong in the probate estate under Mont. Code Ann. § 72-3-1101 and gives families a clearer starting point for estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized Stillwater County filing checklist using Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, including the documents needed for Letters of Authority from courts.mt.gov materials.
Find a local probate attorney. When a Stillwater County matter needs formal probate, notice, a sale of real property or help with 22nd Judicial District local rules, Sunset can connect the family with a vetted Montana probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and decide whether they need lawyer support before filing with the clerk of district court in Columbus.
Frequently asked questions
Where do I file probate in Stillwater County?
File with the clerk of district court at the Stillwater County Courthouse, 400 N. 3rd Avenue, Columbus, MT 59019. Probate belongs in the District Court because the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302).
Can I e-file a Stillwater County probate case?
If you are self-represented, no. courts.mt.gov states that e-filing is not available to self-represented litigants at this time, so you file on paper with the clerk. Attorneys handling Stillwater County Probate DP cases must use electronic filing under 22nd Judicial District local rules and courts.mt.gov policy.
What is the Stillwater County probate filing fee?
The probate commencement amount is $100 under the 2025 MCA, combining 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). Call the clerk before filing to confirm acceptable payment methods.
Does Stillwater County have local probate forms?
Stillwater County does not publish a county-specific probate form. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then file with the Stillwater County clerk of district court.
How are Stillwater County probate hearings scheduled?
The 22nd Judicial District local rules say reasonable effort will be made to schedule two law and motion dates monthly in each county, and routine matters include probate proceedings. The rule does not set a fixed weekday, so ask the Stillwater County clerk for current dates.
Can I appear remotely in a Stillwater County probate matter?
The 22nd Judicial District local rules allow the court to consider remote appearance by Zoom, telephone or another telecommunication method. Counsel must file a motion at least 48 hours before the hearing, state that the opposing party was consulted and say whether the motion is opposed. The court decides whether to allow it.
Can I look up a Stillwater County probate case online?
Montana publishes a District Court Public Access Portal through courts.mt.gov for district courts converted to FullCourt Enterprise. Stillwater County District Court converted in December 2021, but 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 case.
Do I have to travel to Columbus if I live outside Stillwater County?
A self-represented filer should expect to file with the Stillwater County clerk of district court in Columbus by the method the clerk accepts. If a hearing is set, ask about the 22nd Judicial District local rules for remote appearance before making travel plans.
Does Montana collect inheritance tax or estate tax for a Stillwater County estate?
Montana has no inheritance tax and Montana has no estate tax for a current death, according to revenue.mt.gov. The inheritance tax does not apply to deaths after January 1, 2001, the estate tax does not apply to deaths after December 31, 2004 and the Department of Revenue no longer requires a certificate or consent to close probate. An estate may still have federal tax duties 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.