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Wibaux County, MT Probate Information
Quick facts
| Item | Wibaux County detail |
|---|---|
| Court | The Wibaux County District Court, Montana's 7th Judicial District (Mont. Code Ann. § 3-5-101). |
| Courthouse address | 203 Wibaux Street, Wibaux, MT 59353. |
| Mailing address | PO Box 292, Wibaux, MT 59353. |
| Phone | (406) 796-2484, clerk of district court. |
| Fax | (406) 796-2484. The same number is listed for phone and fax. |
| Hours | Call (406) 796-2484 before traveling to confirm public counter hours and any filing cutoff. |
| Filing fee | $100.00 to commence a probate, formal or informal or ancillary, paid to the clerk of district court. The amount is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge, current under the 2025 Montana Code Annotated (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Local forms | Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife. Ask the clerk whether Wibaux County wants any local cover page before filing. |
| E-filing | Wibaux County District Court is enabled for attorney electronic filing in Probate (DP) cases under the Judicial Branch court policy as of July 30, 2026. E-filing is not available to self-represented litigants at this time; self-represented personal representatives file on paper with the clerk of district court (courts.mt.gov). |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov/Courts/portals. Wibaux County District Court converted to FullCourt Enterprise in February 2021. Call the clerk to confirm what is available for a particular file (courts.mt.gov). |
| Remote appearance | Ask the clerk what the 7th Judicial District's local rules require. Montana has no statewide right to appear remotely; testimony by contemporaneous transmission may be allowed for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
| Website | courts.mt.gov/CourtLocator/7thJudicialDistrict. |
Before you begin — know the assets and liabilities
Before you file in Wibaux County, make a practical list of the decedent's assets, debts, titled property, nonprobate transfers and contact information for heirs and devisees. That inventory shapes whether the estate settlement needs an informal application to the clerk, a formal petition with notice, or a narrower property-collection step under Montana law.
Sunset's estate settlement process includes asset discovery across more than 2,300 institutions, so families can find accounts before they prepare the packet for the clerk of district court in Wibaux County.
Which court handles jurisdiction
Probate for Wibaux County is filed with the clerk of district court at the county courthouse in Wibaux, 203 Wibaux Street, PO Box 292, Wibaux, MT 59353. 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 Montana county where the decedent's property was located (Mont. Code Ann. § 72-3-112).
Wibaux County is one of five counties in Montana's 7th Judicial District, with Dawson, McCone, Prairie and Richland Counties (Mont. Code Ann. § 3-5-101). The district has two district judges, one chambered in Sidney and one in Glendive; neither is chambered in Wibaux County. The Wibaux County filing itself stays with the clerk of district court in Wibaux unless the district court orders otherwise.
Montana does not use a county-level estate court. The 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 Wibaux are courts of limited jurisdiction and have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
The jurisdiction process
- Identify the county for venue before filing. In Wibaux County, file only if the decedent was domiciled in Wibaux County at death, or, for a non-Montana decedent, if property was located in Wibaux County (Mont. Code Ann. § 72-3-112).
- Choose the correct opening document. An informal probate or informal appointment starts with an application to the clerk of district court, while formal probate starts with a petition and notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-225, § 72-3-301).
- Prepare the Montana Judicial Branch forms from courts.mt.gov/Forms/endoflife, including the papers needed for the statement of informal probate and Letters of Authority when the informal route fits (Mont. Code Ann. § 72-3-215, courts.mt.gov).
- File the packet on paper with the clerk of district court in Wibaux County at 203 Wibaux Street or by mail to PO Box 292, Wibaux, MT 59353. Attorneys may use electronic filing for Wibaux County Probate (DP) cases, but e-filing is not available to self-represented litigants at this time (courts.mt.gov).
- Pay the $100.00 filing fee, current under the 2025 Montana Code Annotated, unless the district court grants a fee waiver through the Montana Judicial Branch forms process (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317, courts.mt.gov).
- For informal probate, the clerk of district court makes the findings required by statute, may deny an application that does not meet them, 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, § 72-3-214, § 72-3-215).
- If the matter needs formal probate, follow the notice and hearing instructions from the district judge. Ask the clerk how the 7th Judicial District schedules Wibaux County matters and what its local rules require for any remote appearance.
- After appointment, qualify before receiving letters by filing any required bond and a statement of acceptance of the duties of the office. The personal representative then uses the Letters of Authority to administer the estate (Mont. Code Ann. § 72-3-512, courts.mt.gov).
- Publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county. Creditors have 4 months after the date of first publication, with the mailed-notice rule also set by statute (Mont. Code Ann. § 72-3-801).
- Administer and close the estate under Montana law. The personal representative prepares the inventory within 9 months after appointment and uses the appropriate closing procedure for the estate (Mont. Code Ann. § 72-3-607).
Forms and documents
Probate forms in Wibaux County
Wibaux County uses the Montana Judicial Branch probate forms posted at courts.mt.gov/Forms/endoflife. The statewide page is labeled "Wills - Trusts - Powers of Attorney - Estate Planning - Probate" and includes probate materials for the Affidavit for Collection of Personal Property of Decedent under Mont. Code Ann. § 72-3-1101, the small estate packet under Mont. Code Ann. § 72-3-1101, the Fiduciary Statement and the Affidavit of Death.
For a Wibaux County filing, call the clerk of district court at (406) 796-2484 before you submit the packet to ask whether the office wants any local cover page or extra copies. The clerk can provide forms and general process information, but cannot give legal advice or complete forms for you.
| Form source | Use in Wibaux County |
|---|---|
| Montana Judicial Branch probate forms, courts.mt.gov/Forms/endoflife | Starting point for statewide probate forms filed with the clerk of district court in Wibaux County. |
| How to Administer a Small Estate Packet, courts.mt.gov | Statewide packet that includes the application for informal probate, the statement of informal probate, Letters of Authority and acceptance paperwork. Use it only when it matches the estate's facts and the clerk's instructions. |
| Affidavit for Collection of Personal Property of Decedent, courts.mt.gov | Used by a claiming successor for personal property when the requirements of Mont. Code Ann. § 72-3-1101 are met. It is presented to the person or institution holding the property, not opened as a Wibaux County probate case. |
Local nuance
Wibaux County-specific considerations
| Local point | What it means for a Wibaux County filing |
|---|---|
| Judges sit outside Wibaux County | The 7th Judicial District has two district judges, one chambered in Sidney and one in Glendive. File the Wibaux County estate with the clerk of district court in Wibaux, then follow the clerk's instructions for any judge-scheduled matter. |
| Same phone and fax number | The clerk of district court lists (406) 796-2484 for both phone and fax. Call before sending any faxed material, because no local fax-filing rule for Wibaux County is stated here. |
| Clerk of district court and clerk and recorder are separate offices | The land-records office, the clerk and recorder, has a different Wibaux County phone number. Probate filings go to the clerk of district court, not to the clerk and recorder. |
Recent updates
| Date | Wibaux County probate update |
|---|---|
| July 30, 2026 | Wibaux County District Court is listed as enabled for attorney electronic filing in Probate (DP) cases. E-filing is not available to self-represented litigants at this time (courts.mt.gov). |
| February 2021 | Wibaux County District Court converted to FullCourt Enterprise, which is relevant to case search through the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov/Courts/portals. |
Scenarios
| Situation | Likely Wibaux County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and whether anything must pass through a Wibaux County probate estate. If a probate is needed, file with the clerk of district court in Wibaux under the venue rule (Mont. Code Ann. § 72-3-112). | Sunset helps organize title information, account information and debts so the spouse can see whether a Wibaux County estate settlement is needed. |
| Out-of-state adult child with small estate | If the estate involves only personal property and the requirements fit, the Affidavit for Collection of Personal Property of Decedent may be available after 30 days under the $100,000 probate estate limit set by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). If a personal representative must be appointed, file with the clerk of district court in Wibaux County. | Sunset helps find accounts before the child chooses between the Mont. Code Ann. § 72-3-1101 affidavit route and a Wibaux County filing. |
| Parent settling predeceased child's estate, home must be sold | A court appointment is usually needed before someone can sign for estate property that must be sold. File the opening application or petition with the clerk of district court in Wibaux, then use the Letters of Authority if the appointment is granted (courts.mt.gov). | Sunset assembles asset details, generates a probate packet and can connect the parent with Montana counsel for the real estate and authority questions. |
Self-help resources
| Resource | How it helps Wibaux County families | Contact |
|---|---|---|
| Clerk of district court in Wibaux County | Provides the filing counter for Wibaux County probate, public case information and forms. The clerk can give general procedure information, but cannot give legal advice or complete forms for a party except as allowed for persons with disabilities. | 203 Wibaux Street, PO Box 292, Wibaux, MT 59353, (406) 796-2484. |
| Montana Supreme Court Court Help Program | Free statewide civil self-help information. The program cannot give legal advice or represent you in court (courts.mt.gov). | (406) 841-2975, courts.mt.gov/SelfHelp/. |
| State Law Library self-help location | A statewide self-help option for people who do not have a staffed center in Wibaux County. The Court Help Program boundary still applies: legal information, not legal advice or representation (courts.mt.gov). | 215 N Sanders, Helena, (406) 444-9300, [email protected]. |
| Montana Legal Services Association | Statewide civil legal aid intake. Do not assume it will take a probate matter; check eligibility and current intake limits before relying on it (mtlsa.org). | HelpLine 1-800-666-6899, Tuesday through Thursday, 9:00 am to 1:00 pm; online application at 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. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families locate accounts, insurance, investments and other assets before they file in Wibaux County. Better asset information makes the estate settlement plan clearer.
Generate the probate packet. Sunset turns the family's answers into a Montana probate packet tailored for the clerk of district court in Wibaux County, using the correct local filing office and Montana terminology such as personal representative and Letters of Authority.
Find a local probate attorney. When the estate needs legal advice, a contested hearing, a land sale or formal probate, Sunset can connect the family with a Montana probate attorney who understands district court practice.
Sunset is free for families. Families can use Sunset to organize an estate settlement, understand the next step and prepare for conversations with the clerk or an attorney without paying Sunset.
Frequently asked questions
Where do I file probate in Wibaux County?
File with the clerk of district court in Wibaux County at 203 Wibaux Street, Wibaux, MT 59353, or by mail to PO Box 292, Wibaux, MT 59353. Probate is in the District Court, which has exclusive jurisdiction of all probate matters (Mont. Code Ann. § 72-3-111).
Is Wibaux County in the 7th Judicial District?
Yes. Wibaux County is in Montana's 7th Judicial District with Dawson, McCone, Prairie and Richland Counties (Mont. Code Ann. § 3-5-101). The filing counter is still in Wibaux County.
Do I have to go to Sidney or Glendive to file?
No. The two 7th Judicial District judges are chambered in Sidney and Glendive, but a Wibaux County probate filing is made with the clerk of district court in Wibaux. If a hearing is set, ask the clerk where and how the district judge will hear it.
Can I e-file a Wibaux County probate case?
An attorney may use electronic filing for Wibaux County Probate (DP) cases because the court is enabled under the Judicial Branch court policy as of July 30, 2026. E-filing is not available to self-represented litigants at this time, so a self-represented personal representative files on paper with the clerk of district court (courts.mt.gov).
What is the Wibaux County probate filing fee?
The filing fee is $100.00, current under the 2025 Montana Code Annotated. It 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).
Is there a regular probate hearing day in Wibaux County?
Ask the clerk before planning travel. Informal probate is handled through an application to the clerk, who issues the statement of informal probate only if the statutory findings are met and at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215). Formal probate uses a petition and notice, and the district judge controls scheduling (Mont. Code Ann. § 72-3-301).
Can I appear remotely in a Wibaux County probate matter?
Ask the clerk what the 7th Judicial District's local rules require. Montana has no statewide rule giving a party a right to appear remotely; a court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)).
How do I look up a Wibaux County probate case?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov through courts.mt.gov/Courts/portals, and Wibaux County District Court converted to FullCourt Enterprise in February 2021. For an in-person record search, the clerk may charge $2 per name per year for up to 7 years, then $1 per name for each additional year (Mont. Code Ann. § 25-1-201).
Are there Wibaux County probate forms?
Use the Montana Judicial Branch probate forms at courts.mt.gov/Forms/endoflife, then call the clerk of district court in Wibaux County to ask whether the office wants any local cover page or extra copies. The clerk can give forms and general information, but cannot give legal advice.
Does Montana have inheritance tax or estate tax for a Wibaux County estate?
Montana has no inheritance tax and Montana has no estate tax on a current death. The Department of Revenue says the inheritance tax reaches no death after January 1, 2001, the estate tax reaches no death after December 31, 2004, and the Department no longer issues a certificate or consent to close probate; an estate may still owe federal tax or need a Montana income tax return for the estate (revenue.mt.gov).
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.