Quick answer: Montana used to cap the personal representative's fee at a fixed 3%/2% schedule, but the legislature repealed that entirely in 2019. Today, like most other Uniform Probate Code states, Montana sets no fixed percentage for either the personal representative fee or the attorney fee — both are reasonable amounts. The court filing fee, unusually, is a flat $100 regardless of estate size. There's no death tax. Get your own estimate with the Montana probate cost calculator.
1. Personal representative fee — the old schedule is gone
Because the fee is no longer fixed by statute, any percentage shown in this guide (including our calculator's ~2.5% default) is an illustrative market-rate estimate. Family representatives frequently waive the fee entirely.
2. Attorney fee — the same 2019 change removed its cap too
3. Court cost & the tax picture
Illustrative worked totals
At an illustrative ~2.5% each for the personal representative and attorney (market pattern, not statutory):
| Estate value | PR fee (est.) | Attorney (est.) | Filing + pub. | Approx. total |
|---|---|---|---|---|
| $100,000 | $2,500 | $2,500 | $225 | ≈ $5,225 |
| $300,000 | $7,500 | $7,500 | $225 | ≈ $15,225 |
| $500,000 | $12,500 | $12,500 | $225 | ≈ $25,225 |
Filing + pub. = $100 flat filing fee + $125 publication. Personal representative and attorney figures are illustrative only — Montana sets no statutory percentage for either, and family representatives often waive their fee entirely. Run your own numbers in the calculator.
How to reduce Montana probate costs
- Use the collection-by-affidavit procedure — probate estate up to $100,000 net of liens, no court filing (§ 72-3-1101).
- Use summary administration once the estate falls below the statutory allowances and costs (§ 72-3-1103).
- Personal representative waives the fee if a family member and beneficiary.
- A living trust or TOD deed keeps assets out of probate.