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Treasure County, MT Probate Information
Quick facts
| Item | Treasure County detail |
|---|---|
| Court | Treasure County District Court, Montana 16th Judicial District Court, Department 2 |
| Courthouse address | Treasure County Courthouse, 307 Rapelje Avenue, Hysham, MT 59038 |
| Mailing address | PO Box 392, Hysham, MT 59038-0392 |
| Clerk phone | (406) 342-5547 |
| Hours | Call the clerk before travelling to confirm public hours, payment method and any filing cutoff. |
| Filing fee | $100.00 to commence a probate, current under the 2025 Montana Code Annotated. The total is 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 | Treasure County does not publish a county-specific probate form. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. |
| E-filing | E-filing is not available to self-represented litigants at this time through courts.mt.gov. Treasure County District Court also is not listed as enabled for electronic filing in the Judicial Branch documents dated July 30, 2026, so paper filing with the clerk in Hysham is the local path. |
| Case search | Treasure County District Court converted to FullCourt Enterprise in April 2025. Montana publishes the District Court Public Access Portal through courts.mt.gov, and the clerk can also provide a record search for $2 per name per year for up to 7 years and $1 per name for each additional year under the 2025 fee statute (Mont. Code Ann. § 25-1-201). |
| Remote appearance | The 16th Judicial District local rules use the Judicial Video Network for approved appearances by video or telephone. Prior permission is required, and the local rules require a motion. |
| Website | courts.mt.gov/CourtLocator/16thJudicialDistrict and treasurecountymt.gov |
Before you begin — know the assets and liabilities
Before you choose a probate path in Treasure County, build a clear list of the assets, debts, titled property, beneficiary designations and accounts that may or may not pass through the probate estate. That asset map drives whether you need an application for informal probate with the clerk, a petition for formal probate with notice, or a noncourt collection process under Mont. Code Ann. § 72-3-1101.
Sunset's estate settlement process includes asset discovery across more than 2,300 financial institutions, which can help families avoid filing the wrong packet or missing an account before they contact the clerk of district court in Hysham.
Which court handles jurisdiction
Probate for Treasure County is filed with the clerk of district court at the county courthouse in Hysham, 307 Rapelje Avenue, with mail sent to PO Box 392, Hysham, MT 59038-0392. Venue for the first informal or formal proceeding is the county where the decedent had the decedent's domicile at death, or, for a decedent not domiciled in Montana, any county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Treasure County is one of seven counties in Montana's 16th Judicial District, together with Carter, Custer, Fallon, Garfield, Powder River and Rosebud Counties (Mont. Code Ann. § 3-5-101). The 16th Judicial District local rules place Treasure County in Department 2 with Carter, Fallon, Garfield and Rosebud Counties, and Department 2's judge is chambered in Forsyth. That judge location does not change the filing counter: a Treasure County estate is filed and kept with the clerk of district court in Hysham.
Montana does not use a county-level estate 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 that sit in Hysham, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Choose the correct starting document. Use an application for informal probate or informal appointment with the clerk, or use a petition for formal probate when notice and a judge's order are needed (Mont. Code Ann. § 72-1-103, § 72-3-301).
- Prepare the Montana Judicial Branch probate forms from courts.mt.gov/Forms/endoflife and caption them for Treasure County District Court. Informal probate requires the clerk to make the statutory findings, and the statement of informal probate cannot issue until at least 120 hours have elapsed after death (Mont. Code Ann. § 72-3-212, § 72-3-215).
- File the original paperwork on paper with the clerk of district court at the Treasure County Courthouse in Hysham, or mail it to PO Box 392. Treasure County District Court is not listed for electronic filing as of the Judicial Branch documents dated July 30, 2026, and courts.mt.gov states that e-filing is not available to self-represented litigants.
- Pay the $100.00 filing fee, current under the 2025 Montana Code Annotated, unless the court grants a fee waiver through the Montana Judicial Branch forms at courts.mt.gov. The total comes from Mont. Code Ann. § 25-1-201, § 25-1-202 and § 3-1-317.
- Handle required notice. Formal probate proceeds by petition with notice, and after appointment the personal representative gives notice to creditors by publication once a week for 3 successive weeks, with creditor claims generally due within 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Schedule any hearing or Law and Motion setting through the court's process. Under the 16th Judicial District local rules, Treasure County's Law and Motion day is Thursday of the first full week of each month, and that calendar includes probate matters and other routine matters.
- Ask for remote participation only if you need it. The 16th Judicial District local rules require prior permission for a Judicial Video Network appearance, by video or telephone, and require a motion that gives the court the information the rule lists. Mont. R. Civ. P. 43(a) allows contemporaneous transmission of testimony only for good cause in compelling circumstances with appropriate safeguards.
- When appointment is granted, qualify before receiving letters by filing any required bond and a statement of acceptance of duties (Mont. Code Ann. § 72-3-512). The statewide packet calls the authority document Letters of Authority through courts.mt.gov.
- Administer the estate by gathering assets, paying valid claims, tracking expenses and distributions, and preparing the inventory within 9 months after appointment (Mont. Code Ann. § 72-3-607). When administration is complete, use the Montana closing procedure that fits the case, including a closing statement when allowed by Mont. Code Ann. § 72-3-1104.
Forms and documents
Probate forms in Treasure County
The Montana Judicial Branch publishes statewide probate forms under the heading for wills, trusts, powers of attorney, estate planning and probate at courts.mt.gov/Forms/endoflife. Treasure County does not publish a county-specific probate form, so begin with the statewide materials and call the clerk of district court in Hysham before you file.
| Form or packet | How it fits a Treasure County estate |
|---|---|
| How to Administer a Small Estate Packet | Used for an informal Treasure County filing when the statewide packet fits the estate. The packet includes forms for the application, Statement of Informal Probate, Letters of Authority, acceptance and related notices through courts.mt.gov. |
| Affidavit for Collection of Personal Property of Decedent | Used outside a court filing when the statutory conditions are met, including the $100,000 probate estate limit and 30-day waiting period (Mont. Code Ann. § 72-3-1101). |
| Affidavit of Death | A statewide probate form listed by the Montana Judicial Branch at courts.mt.gov/Forms/endoflife. |
| Fiduciary Statement | A statewide probate form listed by the Montana Judicial Branch at courts.mt.gov/Forms/endoflife. |
Timeline
- Immediately after death, start by identifying probate assets and debts. Informal probate and informal appointment cannot issue until at least 120 hours have elapsed after death (Mont. Code Ann. § 72-3-215, § 72-3-225).
- Thirty days after death, a claiming successor may use the Affidavit for Collection of Personal Property only if the conditions in Mont. Code Ann. § 72-3-1101 are met, including the $100,000 probate estate limit and the requirement that no personal representative appointment is pending or granted.
- For Treasure County District Court settings, the 16th Judicial District local rules set Law and Motion for Thursday of the first full week of each month, and the rule states that the Law and Motion calendar includes probate matters.
- If remote participation is needed, the 16th Judicial District local rules require prior court permission and a motion for Judicial Video Network appearance no less than one hour before the scheduled hearing.
- After appointment, the personal representative publishes notice to creditors once a week for 3 successive weeks, and claims are generally due within 4 months after the date of first publication (Mont. Code Ann. § 72-3-801).
- Within 9 months after appointment, the personal representative prepares the inventory of probate property with fair market value and encumbrance information (Mont. Code Ann. § 72-3-607).
- Probate generally must be started within 3 years after death unless a statutory exception applies (Mont. Code Ann. § 72-3-122).
Local nuance
Treasure County-specific considerations
| Local point | What it means for filing |
|---|---|
| Seven-county judicial district | Treasure County is in Montana's 16th Judicial District with six other counties (Mont. Code Ann. § 3-5-101). File in Hysham even though Department 2's judge is chambered in Forsyth. |
| Department 2 assignment | The 16th Judicial District local rules place Treasure County in Department 2 with Carter, Fallon, Garfield and Rosebud Counties. Treasure County's Law and Motion day is Thursday of the first full week of each month. |
| Separate offices in one small courthouse | In Treasure County, the same person holds the clerk of district court role and the separate clerk and recorder role. Probate still goes to the clerk of district court, not to the clerk and recorder, because the District Court has exclusive jurisdiction over probate (Mont. Code Ann. § 72-3-111, § 7-4-2203). |
| Paper filing only locally | Treasure County District Court is not listed as enabled for electronic filing in the Judicial Branch documents dated July 30, 2026, and courts.mt.gov says e-filing is not available to self-represented litigants. |
Recent updates
| Update | Treasure County effect |
|---|---|
| FullCourt Enterprise conversion | Treasure County District Court converted to FullCourt Enterprise in April 2025, so the District Court Public Access Portal published through courts.mt.gov is the online case search path to check. |
| Electronic filing snapshot | As of the Judicial Branch documents dated July 30, 2026, Treasure County District Court is not listed as enabled for electronic filing. Paper filing with the clerk of district court in Hysham remains the local path, and courts.mt.gov states that e-filing is not available to self-represented litigants. |
| Current local scheduling rule | The 16th Judicial District local rules set Treasure County Law and Motion on Thursday of the first full week of each month, and the rule includes probate matters on that calendar. |
Scenarios
| Scenario | Likely Treasure County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by confirming how the home is titled and whether anything must pass through a Treasure County probate estate. If a court filing is needed, file with the clerk of district court in Hysham under the venue rule for the decedent's domicile (Mont. Code Ann. § 72-3-112). | Sunset helps identify accounts, debts, titles and beneficiary designations so the spouse can see what belongs in the estate settlement and what may pass outside the court file. |
| Out-of-state adult child w/ small estate | If only personal property is involved and the statutory conditions are met, the Affidavit for Collection of Personal Property may be presented after 30 days, with the $100,000 probate estate limit under Mont. Code Ann. § 72-3-1101. If a court appointment is needed, paper-file in Hysham because e-filing is not available to self-represented litigants through courts.mt.gov. | Sunset helps organize the asset list, generate the right packet and connect the child with Montana counsel if remote participation or a contested issue may arise. |
| Parent settling predeceased child's estate, home must be sold | A court appointment is usually the practical path when real property must be sold, because Montana's personal-property affidavit under Mont. Code Ann. § 72-3-1101 is not a deed-transfer filing. File the application or petition with the clerk of district court in Treasure County if venue is proper under Mont. Code Ann. § 72-3-112. | Sunset helps collect financial information, prepare an estate settlement task list and coordinate with a local probate attorney for sale authority and court filings. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Clerk of district court in Treasure County | Use this office for Treasure County probate filing questions, copies, scheduling direction and paper filing logistics. The clerk can provide forms and general procedure information but cannot give legal advice. | 307 Rapelje Avenue, Hysham, MT 59038. Phone: (406) 342-5547. |
| Montana Supreme Court Court Help Program | The Court Help Program is a statewide courts.mt.gov resource for civil, noncriminal problems. It can provide legal information and direct you to resources, but it cannot give legal advice or represent you in court. | courts.mt.gov/SelfHelp/. Phone: (406) 841-2975. |
| State Law Library Self-Help Law Center | Treasure County does not have a staffed Self-Help Law Center at the courthouse. The State Law Library center in Helena is one of the statewide self-help locations listed through courts.mt.gov. | 215 N Sanders, Helena. Phone: 406-444-9300. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter, but it is the statewide intake point to ask about eligibility and current services. | mtlsa.org/apply-for-services/. HelpLine: 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm. |
| MontanaLawHelp.org | Public self-help library connected with Montana Legal Services Association, including life and estate planning materials. | montanalawhelp.org |
When to hire an attorney
Consider hiring a Montana probate attorney when family members disagree, the will may be contested, real property must be sold, creditor issues are unclear, a nonresident decedent owned Montana property, or the clerk denies an informal application and formal probate with notice is needed. Treasure County filings are local to Hysham, but the 16th Judicial District judge for Department 2 is chambered in Forsyth and remote participation requires permission under local rules, so counsel can help manage logistics and court expectations. 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, retirement assets and debts before deciding what belongs in the Treasure County estate settlement.
Generate the probate packet. Sunset turns the family information into an organized probate packet, using Montana terminology such as personal representative, application, petition, statement of informal probate and Letters of Authority through courts.mt.gov.
Find a local probate attorney. When a Treasure County estate needs legal help, Sunset can connect the family with a Montana probate attorney who understands District Court practice, paper filing and 16th Judicial District scheduling.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track next steps and decide whether they need attorney help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Treasure County?
File a Treasure County probate matter with the clerk of district court at the Treasure County Courthouse, 307 Rapelje Avenue, Hysham, MT 59038, or by mail to PO Box 392, Hysham, MT 59038-0392. Venue depends on the decedent's domicile or Montana property location (Mont. Code Ann. § 72-3-112).
Is there a separate estate court in Treasure County?
No. The Treasure County District Court handles probate because the District Court has exclusive jurisdiction of all probate matters in Montana (Mont. Code Ann. § 72-3-111, § 3-5-302). The Justice Court and City Court in Hysham are courts of limited jurisdiction and have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
Can I e-file a Treasure County probate case?
No local electronic filing path is listed for Treasure County District Court as of the Judicial Branch documents dated July 30, 2026, and courts.mt.gov states that e-filing is not available to self-represented litigants. Use paper filing with the clerk of district court in Hysham.
What is the Treasure County probate filing fee?
The filing fee to commence a probate is $100.00, current under the 2025 Montana Code Annotated. The amount is 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).
What day are Treasure County probate matters heard?
The 16th Judicial District local rules set Treasure County Law and Motion on Thursday of the first full week of each month, and the rule includes probate matters on that calendar. This is a scheduling day, not a promise that every estate will need a hearing or that a matter will be heard on the next available date.
Can I attend a Treasure County probate hearing by video or telephone?
Remote participation is controlled by the 16th Judicial District local rules. The rules use the Judicial Video Network, require prior court permission, and require a motion for appearance by video or telephone. Mont. R. Civ. P. 43(a) also treats contemporaneous transmission of testimony as discretionary and requires good cause in compelling circumstances.
How do I look up a Treasure County probate case?
Montana publishes the District Court Public Access Portal through courts.mt.gov for district courts that use FullCourt Enterprise, and Treasure County District Court converted in April 2025. The portal is described by the Judicial Branch as a courtesy. The clerk can also perform a record search for $2 per name per year for up to 7 years and $1 per name for each additional year under the 2025 statute (Mont. Code Ann. § 25-1-201).
Does Treasure County have its own probate forms?
Treasure County does not publish a county-specific probate form. Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, and call the clerk in Hysham if you are unsure what the office requires with a paper filing.
Do I have to travel to Forsyth because the judge is chambered there?
Not to file the estate. A Treasure County estate is filed with the clerk of district court in Hysham. If a court appearance is scheduled, ask the clerk how the 16th Judicial District local rules apply, because Department 2's judge is chambered in Forsyth and Judicial Video Network participation requires permission.
Does Montana charge inheritance tax or estate tax in a current Treasure County estate?
Montana has no inheritance tax for deaths after January 1, 2001, and Montana has no estate tax for deaths after December 31, 2004, according to the Department of Revenue at revenue.mt.gov. An estate may still have federal tax issues or a Montana fiduciary income tax filing requirement.
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.