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Executor Compensation Laws in Montana

In Montana, a personal representative is entitled to reasonable compensation for services; the former statutory percentage limit was repealed in 2019.

Last checked . General information, not legal advice.

Montana at a glance

Compensation method
Reasonable compensation
A representative may renounce a will's fee provision before qualifying, or renounce all or part of the fee.
Statutory fee schedule
None (no percentage in statute)
The former limit in MCA 72-3-633 was repealed by Ch. 313, L. 2019.
Percentage schedule in statute
No

Sources

Last checked

The rules in Montana

How is an executor paid in Montana?

Compensation method in Montana: Reasonable compensation. A representative may renounce a will's fee provision before qualifying, or renounce all or part of the fee.

What percentage can an executor charge in Montana?

Statutory fee schedule in Montana: None (no percentage in statute). The former limit in MCA 72-3-633 was repealed by Ch. 313, L. 2019.

Does Montana law set executor fees by a percentage schedule?

No. Percentage schedule in statute in Montana: no.

Where do the Montana executor compensation laws come from?

The rules above come from Mont. Code Ann. 72-3-631. Each source is linked on this page. We last checked them in October 2026.

Good to know

MCA 72-3-631 was last amended by Ch. 313, L. 2019, the same act that repealed the former compensation limit in 72-3-633.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.