How Much Does a Trustee Get Paid in Montana?
In Montana, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)Mont. Code Ann. § 72-38-708Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
Montana allows a trustee reasonable compensationMont. Code Ann. § 72-38-708Verified Sep 18, 2026View source, with no statutory schedule, so the amount turns on the type of trustee and the work. A family trustee typically takes 0% to 1% of trust assets a year, or waives the fee; a professional trustee 0.5% to 1.5%; a corporate trustee 1% to 2% with an annual minimum of about $5,000.
Yes. Trustee compensation is taxable income to the trustee. In Montana, that means federal income tax and state income taxMont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source at up to 5.65%Mont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source. A professional trustee also owes self-employment tax on it; a family trustee who is not in the business of serving reports it as other income. The trust deducts the payment as an administration expense.
Yes. A family member serving as trustee in Montana is entitled to the same compensation as a professional. Many family trustees waive or reduce the fee, especially when they are also beneficiaries, since the fee is taxable income to the trustee while a distribution usually is not. A record of time and duties is what supports any fee taken if a beneficiary or a court asks.
A one-time fee fits a trust that distributes everything and closes, the way an executor is paid once for a probate. An annual fee fits a trust that continues for years, such as one holding assets for a minor child or a beneficiary with special needs. Which model applies follows the trust's purpose, not Montana law. The Montana executor fee calculator is the comparison for a one-time distribution.
The two roles differ in length: an executor handles a probate that runs 4 months to 12 months, while a trustee may manage assets for years. In Montana, executor compensation is reasonable compensation set by the courtMCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, and trustee compensation is set by the trust document or a reasonable-compensation standardMont. Code Ann. § 72-38-708Verified Sep 18, 2026View source. A one-time trustee fee on a trust that distributes at once is often comparable to the executor fee on an estate of the same size.
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Forms for Settling an Estate in Montana
Free forms for settling an estate in Montana: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Tools for Settling an Estate in Montana
Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Do I Settle a Trust?
Settling a trust in Montana happens outside court: the trustee acts under the state's Uniform Trust CodeMCA 72-38-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysMCA §§ 72-38-813, 72-38-109, 72-38-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
How Many Death Certificates Do I Need?
In Montana, certified death certificates come from the Montana Department of Public Health and Human Services - Office of Vital RecordsMontana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $16Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In Montana, estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death.
How Do I Open a Trust Account at My Bank?
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
Do I Have to File Tax Returns for Someone Who Died?
Montana requires a final state income tax return for the decedent alongside the federal Form 1040Mont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Montana: the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in Montana, the estate either qualifies for the simplified procedure for estates under $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source to file claims after notice.
Hire a Montana Trust Administration Attorney
Browse 15 trust administration firms in Montana with addresses, contact info, and practice details.
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Montana Estate Settlement Resources
In-depth guides covering Montana probate, estate administration, and settling an estate.