Montana Executor Fees Calculator

What the Calculator Uses in MontanaThe method behind the estimate, and what it leaves out

Montana has no statutory compensation formula to apply, so this page presents the rule rather than a computed fee. A personal representative is entitled to reasonable compensation under Mont. Code Ann. § 72-3-631, and the court may review its reasonableness and order a refund of anything excessive under § 72-3-634. A compensation provision in the will governs unless the personal representative renounces it before qualifying, and all or part of the fee may be renounced. No dollar figure here is a court order, and the $100 filing fee, attorney fees, any bond premium, the required newspaper notice to creditors and recording fees are all separate.

The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.

What affects the feeOrdinary rules, extraordinary services, and tax consequences

Ordinary Fee Rule

The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.

Extraordinary Services

Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.

Tax Consequences

Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.

Frequently Asked Questions

How much does an executor get paid in Montana?

Whatever is reasonable for the work actually done, not a share of the estate. Mont. Code Ann. § 72-3-631 entitles a personal representative to reasonable compensation for services and names no figure, rate or tier, and no official Montana source publishes a court guideline. Any Montana rate presented as the executor fee is local custom or a private agreement rather than the law. Records of what was handled and when are what support a request if anyone questions it.

Who reviews the fee a Montana personal representative takes?

The district court, if someone asks. Under Mont. Code Ann. § 72-3-634, on a motion by an interested person, the personal representative or the person employed, and after notice, the court may review the employment of any agent, including an attorney, and the reasonableness of any compensation, set the fee where there is a dispute, and order anyone who received excessive compensation to refund it. So a Montana personal representative who sets a fee is making a decision the court can revisit.

What if the will already sets the fee in Montana?

The will governs, and getting out of it has a deadline. Under Mont. Code Ann. § 72-3-631, if the will provides for compensation and there is no contract with the decedent about it, the personal representative may renounce the provision before qualifying and take reasonable compensation instead. Read the compensation clause before accepting the appointment, because once qualified the will's figure applies.

Can a Montana personal representative give up the fee?

Yes, in whole or in part. Mont. Code Ann. § 72-3-631 lets a personal representative renounce all or any part of the compensation. A personal representative who is also a main beneficiary often does, because the same money then arrives as an inheritance rather than as taxable income. Put the renunciation in writing rather than leaving it as a family understanding.

Can a Montana executor lose the fee for taking too long?

Yes. Under Mont. Code Ann. § 72-3-1015, if an estate has not been closed within 2 years of the appointment, the district judge orders the personal representative and the attorney to show cause. Without good cause, the judge may order the estate closed within 30 days and bar both of them from receiving any fee or other compensation from the estate. An informal estate cannot close earlier than 6 months after appointment, so the practical window is between those two dates.

Are attorney fees separate from the executor fee in Montana?

Yes. Both come out of the estate and both can be reviewed. Montana sets no percentage for either role, and § 72-3-634 lets the court review the employment of an attorney and the reasonableness of the attorney's compensation. Both are separate again from the court filing fee, which is $100 to open a Montana estate in every county.

Is executor compensation taxable in Montana?

A fee for serving is taxable income to the person who takes it, while an inheritance is not. Montana has no estate tax for deaths after 2004 and no inheritance tax, so for a family member who is also a beneficiary the income-tax difference is often what decides whether taking the fee is worth it. Review the income-tax and estate-accounting effects before taking the fee or renouncing it.

Is the person in charge called an executor or a personal representative in Montana?

Montana law uses personal representative, the term that covers both someone named in a will and someone the court or the Clerk of District Court appoints without one, and people still say executor. Mont. Code Ann. § 72-3-631 is titled compensation of personal representative. Whichever word the family uses, the same reasonable-compensation rule applies and the same district court can review it.

Official Sources and Further ReadingOfficial references used for this page

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Montana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

Montana Executor Compensation Calculator

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Ordinary Fee Rule

Extraordinary Services

Tax Consequences

Frequently Asked Questions

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