How the Montana executor fee actually works
A statutory percentage schedule that existed for decades — deleted entirely in a 2019 legislative overhaul.
1. Reasonable compensation, no formula today
Mont. Code Ann. § 72-3-631(1): "A personal representative is entitled to reasonable compensation for services." That's the entire current standard — no percentage, no dollar table.
2. A real, well-documented 2019 repeal
Laws 2019, Ch. 313, § 74 (Senate Bill 225): before 2019, § 72-3-631 capped compensation at "3% of the first $40,000 of the value of the estate as reported for federal estate tax purposes and 2% of the value of the estate in excess of $40,000," with a minimum of "the lesser of $100 or the value of the gross estate." The 2019 amendment deleted that entire schedule, leaving only the bare reasonable-compensation standard. The old base was itself distinctive — tied to the estate's value as reported for federal estate tax purposes, not simply its probate value.
3. The attorney fee cap was removed at the same time
2019 reform: the prior statute limiting an attorney's compensation without court approval to essentially 3% of the estate was also removed in the same legislative session — attorneys are now held to the same bare reasonableness standard.
4. Oversight didn't disappear with the schedule
Post-2019 practice: removing the statutory caps did not remove court oversight — any interested person, such as a beneficiary or creditor, can petition the court concerning the propriety of a personal representative's fee, or the fee of anyone employed by the estate, including attorneys, investment advisors, and accountants.
5. The will's compensation, and renunciation
§ 72-3-631(2): if the will provides for compensation and there's no contract with the decedent about it, the personal representative may renounce that provision before qualifying and take compensation under the current reasonable-compensation standard instead. A personal representative may also renounce the right to all or any part of the compensation, with a written renunciation filed with the court.
| Component | Montana figure |
|---|---|
| Current statutory formula | None — "reasonable compensation" only |
| Pre-2019 schedule (repealed) | 3% first $40,000 + 2% excess (federal estate tax value) |
| Pre-2019 minimum (repealed) | Lesser of $100 or gross estate |