Montana Co-Personal Representatives: How Is the Fee Split?

There's no formula here either — just the same reasonableness question, applied to each co-personal representative's own work.

Mont. Code Ann. § 72-3-631 FigureMyTax Editorial Team

Quick answer: No, Montana co-personal representatives don't automatically each collect their own full compensation with a combined total that grows by headcount. Mont. Code Ann. § 72-3-631 contains no separate provision for multiple personal representatives — the same "reasonable compensation" standard governs, and the value of each co-personal representative's actual services determines what they're individually owed. Estimate the underlying reasonable range first with the Montana executor fee calculator.

No statutory split, before or after the 2019 reform

Mont. Code Ann. § 72-3-631: "A personal representative is entitled to reasonable compensation for services." No provision for co-personal representatives exists in the current text — and none existed in the pre-2019 percentage schedule either, before that schedule was deleted by Laws 2019, Ch. 313, § 74. Multiple personal representatives sharing one estate's compensation has never had a specific Montana statutory formula.

Oversight applies to each person's own share

Post-2019 practice: any interested person can petition the court over the propriety of a personal representative's fee. Because this remedy is naturally tied to what a specific person actually took or determined for their own services, a court reviewing co-personal representatives would assess each one's own compensation individually, not the group as a single unit.

Each co-personal representative's work is assessed on its own

Because reasonableness under § 72-3-631 turns on the value of services actually rendered, a court dividing compensation among co-personal representatives (in a contested case) would naturally look at what each person individually contributed — not an automatic even split, and not a separate full fee multiplied by however many people are serving.

Real coordination costs, same as anywhere

Co-personal representatives in Montana share fiduciary duties, and disagreements about pace, priorities, or how to divide tasks can slow administration or invite disputes — a practical consideration independent of how compensation eventually gets assessed.

Worked example

Two siblings serve as co-personal representatives of a Montana estate. One handles the bulk of the administrative work; the other contributes occasionally. A sole personal representative doing all the work might reasonably bill 40 hours at $40/hr, or $1,600.

Co-personal representativeHoursRateCompensation
Sibling A (primary administrator)32 hrs$40/hr$1,280
Sibling B (occasional support)8 hrs$40/hr$320

Each figure reflects that person's own reasonable compensation for their own time, combining to roughly the same total a sole personal representative's full administration would have reasonably cost.

Facing probate in Montana?

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Montana co-personal representatives — frequently asked questions

Do Montana co-personal representatives each get their own reasonable compensation?

§ 72-3-631 contains no separate provision for multiple personal representatives; the same reasonable-compensation standard applies, and each co-personal representative's compensation is assessed on the value of their own actual services.

Did the old Montana percentage schedule ever address co-personal representatives before it was repealed?

No specific multi-representative provision was found even in the pre-2019 percentage schedule, and it is no longer relevant regardless since that entire schedule was deleted by Laws 2019, Ch. 313, § 74.

Can one Montana co-personal representative face a court challenge to their fee while another doesn't?

Likely yes. The post-2019 oversight mechanism, where an interested person can petition the court over the propriety of a fee, is tied to the specific compensation a person determined for their own services.

Does having co-personal representatives increase the total compensation available in Montana?

Not automatically. Because compensation is tied to the value of services actually rendered rather than a fixed pool per person, adding a co-personal representative does not by itself create additional entitlement — what matters is the work each one actually performed.

Can Montana co-personal representatives be paid different amounts?

Yes. Because each co-personal representative's compensation reflects their own actual services under the reasonableness standard, one who did more of the work can reasonably receive more than one who contributed occasionally.

Estimate for general guidance only, not legal advice. Based on Mont. Code Ann. ยง 72-3-631, as amended by Laws 2019, Ch. 313. Montana has no statutory formula for dividing compensation among co-personal representatives; each person's compensation is assessed on their own reasonable services. Consult a Montana probate attorney to resolve a specific dispute over compensation between co-personal representatives.