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Sweet Grass County, MT Probate Information
Quick facts
| Item | Sweet Grass County detail |
|---|---|
| Court | Sweet Grass County District Court, Montana 6th Judicial District Court |
| Courthouse address | Sweet Grass County Courthouse, 200 West 1st Avenue, Big Timber, MT 59011. The county describes the clerk of district court location as the upstairs office. |
| Mailing address | PO Box 698, Big Timber, MT 59011 |
| Phone | (406) 932-5154, clerk of district court |
| Fax | (406) 932-5433 |
| Hours | Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Call before visiting around lunchtime. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, current under the Montana Code Annotated 2025. The amount is the sum of the $70 probate fee under Mont. Code Ann. § 25-1-201, the $20 additional filing fee under Mont. Code Ann. § 25-1-202 and the $10 court information technology user surcharge under Mont. Code Ann. § 3-1-317. Confirm the current amount with the clerk before filing. |
| Local forms | Sweet Grass County does not publish its own probate forms. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife and ask the clerk whether the 6th Judicial District expects any local cover sheet. |
| E-filing | For self-represented litigants, e-filing is not available to self-represented litigants at this time, according to courts.mt.gov. An attorney may e-file in Sweet Grass County District Court because the court is listed as enabled for electronic filing, including Probate (DP), under the Montana Judicial Branch court policy as of July 30, 2026. |
| Case search | Sweet Grass County District Court converted to FullCourt Enterprise in June 2021, according to courts.mt.gov. Montana publishes the District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov/Courts/portals. The portal is a courtesy, and the clerk can confirm what is available for a Sweet Grass County case. |
| Remote appearance | Ask the clerk what the 6th Judicial District's local rules require. Montana has no statewide right to appear remotely, and testimony by contemporaneous transmission is discretionary under Mont. R. Civ. P. 43(a). |
| Website | courts.mt.gov/CourtLocator/6thJudicialDistrict and sgcountymt.gov/category/clerk-of-district-court/ |
Before you begin — know the assets and liabilities
Before you file anything in Big Timber, list the assets, debts, account holders, beneficiaries and documents you already know about. Venue usually depends on the decedent's domicile or, for a non-Montana decedent, the county where property was located, so the asset list matters before the estate settlement path is chosen (Mont. Code Ann. § 72-3-112).
Sunset's estate settlement process includes asset discovery across more than 2,300 financial institutions, which can help you decide whether a Sweet Grass County District Court filing is needed and what property the personal representative will have to manage.
Which court handles jurisdiction
Probate for Sweet Grass County is filed with the clerk of district court at the Sweet Grass County Courthouse in Big Timber, not with the judge's chambers in Livingston. Sweet Grass County is one of two counties in Montana's 6th Judicial District, with Park County, and the district judge serves both counties (Mont. Code Ann. § 3-5-101).
Montana District Courts are courts of general jurisdiction over civil and probate matters, and the District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111). A will is proved and Letters are issued by the clerk of district court or the district judge. Montana's courts of limited jurisdiction, including the Justice Court, City Court and Municipal Court that may sit in the same counties, do not handle probate matters (Mont. Code Ann. § 3-10-301, § 3-11-102).
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Montana, in a county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
The jurisdiction process
- Choose the filing track. In an informal probate, the application goes to the clerk of district court, and the clerk makes the statutory findings, may deny an application that does not meet them, and issues the statement of informal probate when the requirements are met (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215). Formal probate uses a petition and notice before the district judge (Mont. Code Ann. § 72-3-301).
- Prepare the Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife. For informal probate, include the application, the proposed statement of informal probate, the proposed Letters of Authority, and the statement of acceptance if appointment is requested (Mont. Code Ann. § 72-3-512).
- File with the clerk of district court at the Sweet Grass County Courthouse, 200 West 1st Avenue, Big Timber, or mail the packet to PO Box 698, Big Timber, MT 59011. Self-represented litigants file on paper because e-filing is not available to self-represented litigants at this time under courts.mt.gov.
- Pay the $100.00 commencement amount, current under the Montana Code Annotated 2025, unless the court grants a waiver through the Montana Judicial Branch process at courts.mt.gov. The $100.00 amount combines Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- Wait for the statutory timing rules. The clerk cannot issue the statement of informal probate until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). For informal appointment involving a nonresident decedent, the clerk must delay appointment until 30 days have elapsed unless a statutory exception applies (Mont. Code Ann. § 72-3-225).
- If a formal probate hearing is needed, follow the notice process and scheduling instructions from the 6th Judicial District and the clerk. Montana provides a distinct route for uncontested formal cases, but the local hearing day for Sweet Grass County should be confirmed with the clerk (Mont. Code Ann. § 72-3-307).
- Ask the clerk before requesting any remote appearance. The 6th Judicial District's local rules control the local procedure, and statewide civil rule language allows testimony by contemporaneous transmission only for good cause in compelling circumstances with appropriate safeguards (Mont. R. Civ. P. 43(a)).
- After appointment, use the Letters of Authority from courts.mt.gov as proof that the personal representative can act for the estate. Publish notice to creditors once a week for 3 successive weeks, and creditors generally have 4 months after the date of first publication to present claims (Mont. Code Ann. § 72-3-801).
- Administer and close the estate. The personal representative prepares an inventory within 9 months after appointment, current under the Montana Code Annotated 2025 and amended by Ch. 564, L. 2023 (Mont. Code Ann. § 72-3-607), pays valid expenses and claims, distributes assets, and uses the proper Montana closing procedure for the estate.
Forms and documents
Probate forms in Sweet Grass County
Sweet Grass County does not publish a county-specific probate form, probate cover sheet or local probate instruction sheet on its county site. Start with the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then call the Sweet Grass County clerk of district court to ask whether the 6th Judicial District wants any local cover page or extra copies.
| Form or packet | Where it fits |
|---|---|
| How to Administer a Small Estate Packet | Statewide courts.mt.gov packet for informal probate filings, including the application, proposed statement of informal probate, proposed Letters of Authority, acceptance and related forms. |
| Affidavit for Collection of Personal Property of Decedent | Statewide courts.mt.gov form for collecting personal property under Mont. Code Ann. § 72-3-1101 when the statutory conditions are met. |
| Fiduciary Statement | Statewide courts.mt.gov probate form used when a fiduciary statement is needed. |
| Affidavit of Death | Statewide courts.mt.gov probate form published on the same Montana Judicial Branch forms page. |
Local nuance
Sweet Grass County-specific considerations
| Local point | What it means for filing |
|---|---|
| Two-county judicial district | Sweet Grass County shares Montana's 6th Judicial District with Park County (Mont. Code Ann. § 3-5-101). The district judge is chambered in Livingston, but a Sweet Grass County estate is filed with the clerk of district court in Big Timber. |
| Midday closure | The clerk of district court publishes hours of Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Call before travelling if you plan to arrive around noon. |
| Attorney e-filing | Sweet Grass County District Court is enabled for electronic filing, including Probate (DP), under the courts.mt.gov court policy as of July 30, 2026. Self-represented litigants still file on paper because e-filing is not available to self-represented litigants at this time. |
| Portal conversion | Sweet Grass County District Court converted to FullCourt Enterprise in June 2021, according to courts.mt.gov, so the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov is the online case search starting point. |
Recent updates
| Date | Update |
|---|---|
| June 2021 | Sweet Grass County District Court converted to FullCourt Enterprise, according to courts.mt.gov, which matters for the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov. |
| July 30, 2026 | The Montana Judicial Branch court policy at courts.mt.gov lists Sweet Grass County District Court as enabled for e-filing, including Probate (DP). The same policy says e-filing is not available to self-represented litigants. |
Scenarios
| Situation | Likely Sweet Grass County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying which assets require a Sweet Grass County District Court filing and which assets may pass outside the probate estate. If a filing is needed, file with the clerk of district court in Big Timber. | Sunset helps organize accounts, debts and title questions 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 under Mont. Code Ann. § 72-3-1101 fits. The current ceiling is $100,000, as amended by Ch. 453, L. 2023, measured against the probate estate less liens and encumbrances. If a court appointment is needed, mail or deliver the paper filing to the Big Timber clerk. | Sunset helps locate accounts, prepare the right Montana packet and coordinate with a local attorney when travel is difficult. |
| Parent settling predeceased child's estate, home must be sold | A sale of a home usually requires authority from a personal representative. File the probate application or petition with the clerk of district court in Big Timber, then use the Letters of Authority from courts.mt.gov to show authority to act. | Sunset helps assemble documents, identify institutions and connect the parent with counsel for the real estate and court steps. |
Self-help resources
| Resource | How to use it |
|---|---|
| Sweet Grass County clerk of district court | 200 West 1st Avenue, PO Box 698, Big Timber, MT 59011. Phone (406) 932-5154. Fax (406) 932-5433. Hours are Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. The clerk can provide forms and general procedure information, but cannot fill out forms or give legal advice. |
| Montana Judicial Branch probate forms | Use courts.mt.gov/Forms/endoflife for statewide probate forms before filing in Sweet Grass County. |
| Court Help Program | courts.mt.gov/SelfHelp/, phone (406) 841-2975. The program can provide legal information and resources, but it cannot give legal advice or represent you in court. |
| Montana State Law Library Self-Help Law Center | 215 N Sanders, Helena, (406) 444-9300. Sweet Grass County does not have a staffed Self-Help Law Center listed by courts.mt.gov, so the statewide program and the Helena center are the practical self-help starting points. |
| Montana District Court Public Access Portal | dcportal.pubcourts.mt.gov, published through courts.mt.gov/Courts/portals. Use it as the case search starting point, then call the Sweet Grass County clerk if you need to confirm case availability. |
| Clerk record search | If online information is not enough, the clerk can perform a record search for $2 per name per year for up to 7 years and $1 per name per additional year, current under the Montana Code Annotated 2025 (Mont. Code Ann. § 25-1-201). |
| Montana Legal Services Association | mtlsa.org and mtlsa.org/apply-for-services/. HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 a.m. to 1:00 p.m. Apply before relying on representation for an estate matter. |
| State Bar of Montana | Call (406) 449-6577 for attorney referral information if you need a Sweet Grass County or Montana probate attorney. |
When to hire an attorney
Counsel makes sense when heirs disagree, a formal probate petition with notice is needed, real estate must be sold, creditors are active, the decedent lived outside Montana, or the personal representative is trying to handle the estate settlement from another state. Montana does not make the Court Help Program a substitute for legal advice, and the clerk cannot complete the forms for you. Sunset connects to a vetted 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 other assets that may belong in a Sweet Grass County estate settlement.
Generate the probate packet
Sunset helps turn the information you gather into an organized Montana probate packet for the clerk of district court in Big Timber, including the forms and supporting details needed to request authority.
Find a local probate attorney
If the estate needs formal probate, a real estate sale, creditor work or court guidance, Sunset can connect the family with a Montana probate attorney familiar with District Court practice.
Sunset is free for families
Sunset is free for families. The goal is to make estate settlement easier by combining asset discovery, document organization and attorney matching in one place.
Frequently asked questions
Where do I file probate in Sweet Grass County?
File with the clerk of district court at the Sweet Grass County Courthouse, 200 West 1st Avenue, Big Timber, MT 59011, or mail the filing to PO Box 698, Big Timber, MT 59011. The District Court has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Is the judge for Sweet Grass County in Big Timber?
The filing office is in Big Timber. Sweet Grass County is in Montana's 6th Judicial District with Park County, and the district judge is chambered in Livingston, but the Sweet Grass County estate file stays with the clerk of district court in Big Timber (Mont. Code Ann. § 3-5-101).
Can I e-file a Sweet Grass 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. An attorney may e-file in Sweet Grass County District Court because the court is enabled for electronic filing, including Probate (DP), under the July 30, 2026 courts.mt.gov policy.
What are the Sweet Grass County clerk's hours?
The Sweet Grass County clerk of district court publishes hours of Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Call (406) 932-5154 before travelling if timing is tight.
Are there Sweet Grass County probate forms?
Sweet Grass County does not publish its own probate forms. Use the Montana Judicial Branch statewide probate forms at courts.mt.gov/Forms/endoflife, then ask the clerk whether the 6th Judicial District expects any local cover page or extra copies.
How much does it cost to open probate in Sweet Grass County?
The current probate commencement amount is $100.00 under the Montana Code Annotated 2025. It combines the $70 probate fee in Mont. Code Ann. § 25-1-201, the $20 additional filing fee in Mont. Code Ann. § 25-1-202 and the $10 user surcharge in Mont. Code Ann. § 3-1-317.
Can I appear by phone or video for a Sweet Grass County probate matter?
Ask the clerk what the 6th Judicial District's local rules require. Montana does not give a statewide right to appear remotely, although a district court may permit testimony by contemporaneous transmission for good cause in compelling circumstances under Mont. R. Civ. P. 43(a).
How do I look up a Sweet Grass County probate case?
Use the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov, published through courts.mt.gov/Courts/portals. Sweet Grass County District Court converted to FullCourt Enterprise in June 2021 according to courts.mt.gov, but the clerk should confirm what is available for a specific case.
Does Montana collect inheritance tax or estate tax in a Sweet Grass 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 issues a certificate or consent to close probate, according to revenue.mt.gov. An estate may still owe federal tax or 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.