Claiming surplus funds in Phillips County
Surplus from sales in Phillips County is held by the county office that conducted the sale, typically the clerk, auditor, or treasurer. We confirm the holding office before anything is filed.
Mont. Code Ann. § 71-1-316 governs small-tract trust-indenture surplus, deposited with the county clerk and recorder and passed to the treasurer, with district-court petitions for priority and disbursement. Section 71-1-316 sets no fixed claim filing cutoff. A disbursement petition requires at least 20 days' notice before the hearing. The § 71-1-318 no-redemption rule after nonjudicial trustee sale is separate.
