Quick answer: Montana does not set probate attorney fees by a statutory percentage — a 2019 law change removed the old rule capping attorney compensation without court approval at roughly 3% of the estate. Fees today follow a reasonableness standard, most commonly billed hourly. Estimate the whole picture in the Montana probate cost calculator.
The old cap is gone since 2019
Laws 2019, Chapter 313: before this change, Montana law limited an attorney's compensation without court approval to essentially 3% of the estate. That cap was removed. Attorneys are now limited only by a reasonableness standard, and any interested person can still petition the court concerning the propriety of an attorney's fee.
How Montana probate lawyers bill
- Hourly — the most common method for administration work.
- Flat fee — for a routine, uncontested informal probate.
- Percentage of estate value — by agreement in some cases; this is a market pattern, not a legal rate.
No fixed schedule: whatever the billing method, the district court can review the fee for reasonableness on petition of any interested person — there is no statutory percentage to fall back on.
Facing probate in Montana?
Talk to a Montana attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you bill hourly, flat, or as a percentage — and what's your estimate for an estate like mine?
- What does the District Court typically approve for a similar estate?
- Can this estate use the $100,000 collection-by-affidavit procedure and skip court entirely?
- Will informal probate apply, or does anything require a formal proceeding?
Ways to reduce legal fees
- Collection-by-affidavit — up to $100,000 net of liens, no court filing, usually no attorney.
- Informal probate — far less attorney time than a contested formal proceeding.
- Stay organized — a clean inventory cuts billable hours.