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Wills, trusts, and estates

executor fee

Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.

In Montana, the compensation of an executor of a will, also known as a personal representative, is governed by state statutes found in the Montana Code Annotated (MCA). Specifically, MCA Section 72-3-621 provides that a personal representative is entitled to reasonable compensation for their services. If the will does not specify the amount of compensation, the personal representative is entitled to receive compensation that is reasonable considering the size and complexity of the estate, as well as the time and effort they put into administering the estate. Montana law does not prescribe a specific formula for calculating the executor's compensation, but it does allow for the court to review and determine what is reasonable if the parties cannot agree. Additionally, any interested party can petition the court to review the compensation of the personal representative if they believe it to be excessive.

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Wills, trusts, and estates

executor fee

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Wills, trusts, and estates

executor fee

Articles