What Do I Do When Someone Dies in Montana?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Montana Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

Montana: State law sets the order of who controls disposition of remains. Order: Person named on Department of Defense Form 93 (active duty/reserve members); then Person designated in a notarized affidavit or written instrument per § 37-19-904(1); then Surviving spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

Montana: Cremation has a 24-hour waiting period. A burial or disposition permit is required, issued by Authorization for removal, transportation, and final disposition is issued by the attending physician (or designee), attending APRN, coroner with jurisdiction, or licensed mortician. Made in quadruplicate on department-provided form; copies to person in charge of disposition, coroner, and local registrar (§ 50-15-405).. The death certificate must be filed within 10 days. Typical state costs: direct cremation ~$2,200, direct burial ~$3,000, traditional funeral ~$7,500.

How many death certificates do I need?

Obtain certified death certificates

Montana: Order from Montana Department of Public Health and Human Services - Office of Vital Records. Fee: $16/copy. Available: online, phone, mail, in-person.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Montana: Homestead exemption up to $425,828. Minor children also protected.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Montana: Small estate affidavit available for estates under $100,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Montana: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, Montana's estate recovery program (Montana Department of Public Health and Human Services — Estate Recovery (Third Party Liability Unit)) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures Montana Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

Montana: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (MCA § 72-2-814). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

Montana: Homestead exemption up to $425,828. Minor children also protected. Montana allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

File petition for probate with the court

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Montana: File with the District Court (the clerk of the district court decides informal applications; a district judge hears formal proceedings). E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fee $100. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-24 months.

Can I self-file probate?Prepare a Petition for Probate and Letters

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

Montana: Letters Testamentary are issued by the Clerk of the district court, after appointment and after the representative qualifies by filing the statement of acceptance and any required bond. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203); Statement of acceptance of the appointment by the personal representative (Mont. Code Ann. § 72-3-512); Acknowledgment of Fiduciary Relationship and Obligations (Mont. Code Ann. § 72-3-109); Renunciations / nominations from any persons with equal or higher priority, if applicable (Mont. Code Ann. § 72-3-504); Bond only if required (Mont. Code Ann. §§ 72-3-513 to 72-3-515).

Prepare a Petition for Probate and Letters

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

Montana: Bond generally not required. Typical premium: 0.5% of estate value.

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

Montana: Attorney fees typically 1.8-2.9% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

Montana: Montana requires publication for 3 consecutive weeks. Typical cost: $100. The executor places the notice with the newspaper directly. Creditors have 4 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 30 days from the mailing.

What are the creditor claim deadlines?Find a legal newspaper (state press association)

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

Montana: Montana has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

Montana: Search Montana Department of Revenue — Unclaimed Property for forgotten accounts, refunds, and uncashed checks owed to the deceased.

Montana Department of Revenue — Unclaimed Property unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

Montana: Inventory due within 270 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

Montana: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Reasonable funeral expenses and reasonable/necessary medical/hospital expenses of last illness; then Federal and Montana estate taxes; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Montana: Creditor claim period is 4 months from first publication. All claims are barred 1 year after death regardless of notice.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

Montana: Montana titles can carry a Beneficiary designation (transfer on death) (Mont. Code Ann. 61-3-226). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent.

What are my personal items worth for probate?Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent — TOD designation information

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

Montana: File Form 2 for January 1 through date of death. Due April 15 following year of death (automatic 6-month extension available). File Form 2 (resident) electronically through a Free File Alliance partner or other approved software, or on paper; the TransAction Portal (tap.dor.mt.gov) takes payments, not general Form 2 filings. If the taxpayer or a spouse died before the return is filed, mark the Deceased box next to that person's name. Filing required if a federal return is required, or if the taxpayer has Montana taxable income after the MCA § 15-30-2120 additions/subtractions even without a federal filing requirement (MCA § 15-30-2602(1)(a)-(b)). 2026 rates: 4.7% / 5.65% (MCA § 15-30-2103, Ch. 227, L. 2025 — HB 337). MT starts from federal taxable income since TY2024 (MCA § 15-30-2120(1); SB 399, 2021).

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File Form 2 (Montana)Montana Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

Montana: File Form FID-3 for estate/trust income. Required when Resident estate/trust must file if (a) federal filing is required, or (b) it has positive Montana taxable income after Montana additions to federal taxable income. Nonresident estate/trust must file with any Montana-source income or a Montana resident beneficiary.. Due April 15 (calendar year, or the 15th day of the 4th month after a fiscal year end); automatic 6-month extension to October 15 (MCA § 15-30-2604). Filing via approved tax software or paper Form FID-3; payments through the TransAction Portal (tap.dor.mt.gov), approved software, ACH credit, with the return, or with the Montana Estate or Trust Tax Payment Voucher (Form FID). Estate/trust rates match individual single-filer brackets (MCA § 15-30-2103(1)(d); 4.7% up to $47,500 / 5.65% above for TY2026). Grantor trusts: if the entire trust is a grantor trust, complete only the heading portion of the FID-3 and mark the Grantor Type Trust box, showing no dollar amounts on the form. The fiduciary is responsible for making the return, and the tax is a personal debt of the person or fiduciary liable to pay it (MCA §§ 15-30-2151(2), 15-30-2601).

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)Form FID-3 (Montana)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

Montana: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

Montana: No tax clearance is required. Montana no longer requires a certificate or consent from the Department of Revenue to close probate or to transfer stocks, bonds, or other securities. The inheritance tax was repealed in November 2000 and does not apply to any death after January 1, 2001, and Montana has no estate tax for deaths after 2004 — MCA §§ 72-16-904 and 72-16-905 still impose a pickup tax equal to the maximum federal credit for state death taxes, but that credit was repealed for deaths after December 31, 2004, so the tax computes to $0. Estates of decedents who died before January 1, 2005 can still have a filing requirement: a personal representative whose estate had to file a federal Form 706 must file a duplicate with the department (MCA § 72-16-906), and the department supplies its determination applications on request — Form INH-4 for a death after December 31, 2000 but before January 1, 2005 where a federal Form 706 was filed, and Form INH-2 for a death before January 1, 2001.

Do I have to file tax returns for someone who died?

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

Montana: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Montana Department of Public Health and Human Services - Office of Vital Records. Fee: $16/copy. Available: online, phone, mail, in-person.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person named on Department of Defense Form 93 (active duty/reserve members); then Person designated in a notarized affidavit or written instrument per § 37-19-904(1); then Surviving spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $100,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the District Court (the clerk of the district court decides informal applications; a district judge hears formal proceedings). E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fee $100. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Clerk of the district court, after appointment and after the representative qualifies by filing the statement of acceptance and any required bond. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203); Statement of acceptance of the appointment by the personal representative (Mont. Code Ann. § 72-3-512); Acknowledgment of Fiduciary Relationship and Obligations (Mont. Code Ann. § 72-3-109); Renunciations / nominations from any persons with equal or higher priority, if applicable (Mont. Code Ann. § 72-3-504); Bond only if required (Mont. Code Ann. §§ 72-3-513 to 72-3-515).

After a Death in Montana

Estate settlement in Montana begins with determining whether probate is required. Estates under $100,000 may qualify for simplified procedures that avoid formal court involvement. For larger estates, probate provides a structured process for resolving debts and distributing assets.

The 4 months creditor claim period in Montana is a key factor in the settlement timeline. No final distribution should occur until this period expires. State procedure sets a practical floor of about 6 months before an estate can close (MCA § 72-3-801 (4-month creditor bar); MCA § 72-3-607 (9-month inventory deadline); MCA § 72-3-803 (1-year absolute bar); MCA § 72-3-1015 (2-year close trigger); MCA § 72-3-1004 (closing by sworn statement no earlier than 6 months after appointment); MCA § 72-3-1005 (final accounting)). Simple estates close in 4 months to 6 months from the date of filing.

Montana does not require an executor bond by default. The bond can be waived through a provision in the will, reducing upfront costs. The executor is responsible for managing estate expenses, filing tax returns, and providing a final accounting to the court and beneficiaries. Montana provides a family allowance for eligible survivors during administration, up to $27,000 (MCA §§ 72-2-412, 72-2-413, 72-2-414, 72-2-415).

Estate settlement expenses in Montana include attorney fees, executor fees, court costs, and creditor notice publication — about $24,934 on a $500,000 estate. Estates held in a revocable living trust avoid probate entirely and settle in weeks rather than months.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Montana statutes and official state code. How we research.

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Death of a Parent

A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.

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Loss of a Spouse

What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.

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Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

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Named as Trustee

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Petition for Probate and Letters

Prepare the application to open probate and request Letters Testamentary or of Administration.

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Notice to Creditors

Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.

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Renunciation of Executor

Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.

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Small Estate Affidavit

Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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