How Much Does an Executor Get Paid in Montana?
Calculate how much an executor (personal representative) can charge for administering an estate. Fees vary by state law.
Frequently Asked Questions
Montana allows executors to receive "reasonable compensation" as determined by the court.MCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026 Courts consider the size and complexity of the estate, the time spent, and the executor's skill and experience. On a $500,000 estate, the states that do set a statutory schedule pay 2.23% to 3.82% — a useful reference point where Montana gives none.
Montana law says only that compensation must be reasonable — it names no percentage, so no exact figure exists to look up. The estimate is built from the 17 states whose legislatures DO set an executor fee schedule: each schedule is applied to an estate of the same size, and the midpoint of those results is shown ($14,050 on a $500,000 estate), with the middle half of them as the range. It is an estimate anchored in what other legislatures decided the same work is worth, not a figure from Montana law. The probate court has the final say.
Yes. Executors in Montana can waive their fee entirely or accept a reduced amount. Family members serving as executor often waive compensation, particularly when they are also beneficiaries of the estate. Waiving the fee reduces the overall cost of probate and increases the amount available for distribution to beneficiaries.
Montana statute does not address how co-executors share compensation. The court sets one reasonable amount for the estate and allocates it among the executors serving.Mont. Code Ann. § 72-3-631Verified Jul 25, 2026
An executor in Montana is responsible for filing the will with the probate court, inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.MCA § 72-3-1101 (small estate: probate estate ≤ $100K, 30-day wait, personal property collection only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary administration), § 72-3-631 (reasonable PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year outer bar), § 25-1-201(1)(m) ($70 base probate filing fee), § 25-1-202 ($20 additional filing fee), § 3-1-317 ($10 IT surcharge), § 72-3-607 (inventory; optional appraiser). MCA 2025 via mca.legmt.gov; Montana Clerks of District Courts Fee Schedule via courts.mt.gov. Verified 2026-07-14.Verified Jul 14, 2026 The process typically takes 4-6 months for simple estates and 6-12 months on average. The 4-month creditor claim period sets a minimum timeline. The Montana estate settlement plan outlines each step.
Executor fees and attorney fees are separate costs in Montana probate. Attorney fees are based on reasonable compensation.MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Jul 14, 2026 Executor compensation is calculated separately from attorney fees. Both fees are paid from the estate before distribution to beneficiaries. To estimate the attorney fee, use the Montana probate attorney fee calculator.
Total probate costs in Montana include executor fees, attorney fees, court filing fees, publication costs, and potentially bond premiums. Executor compensation is one component of the overall expense. On a $500,000 estate, the total runs about $25,459 — roughly 5% of estate value — depending on complexity.MCA § 72-3-1101 (small estate: probate estate ≤ $100K, 30-day wait, personal property collection only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary administration), § 72-3-631 (reasonable PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year outer bar), § 25-1-201(1)(m) ($70 base probate filing fee), § 25-1-202 ($20 additional filing fee), § 3-1-317 ($10 IT surcharge), § 72-3-607 (inventory; optional appraiser). MCA 2025 via mca.legmt.gov; Montana Clerks of District Courts Fee Schedule via courts.mt.gov. Verified 2026-07-14.Verified Jul 14, 2026 Use the Montana probate calculator for a complete cost estimate.
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