Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 6. Personal Representative Powers, Duties, and Compensation
Montana Code Annotated

Mont. Code Ann. § 72-3-631 (2026)

Compensation Of Personal Representative

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 6
  5. 72-3-631 Compensation of personal representative

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 6. Personal Representative Powers, Duties, and Compensation

Compensation Of Personal Representative

72-3-631. Compensation of personal representative. (1) A personal representative is entitled to reasonable compensation for services.

(2) If the will provides for the compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to compensation under the terms of this section. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.

History: En. 91A-3-719 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-719; amd. Sec. 1, Ch. 424, L. 1979; amd. Sec. 19, Ch. 9, Sp. L. May 2000; amd. Sec. 74, Ch. 313, L. 2019.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2025 · leading case: In Matter of Est. of Magelssen, 597 P.2d 90 (Mont. 1979).
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In Matter of Est. of Magelssen, 597 P.2d 90 (Mont. 1979). · cites it 6× “1947, now section 72-3-631 MCA. We find no public policy in these applicable statutes that would invalidate a fee clearly coming within their terms.”
Matter of Est. of Stone, 768 P.2d 334 (Mont. 1989). · cites it 3× “The personal representative’s fee is covered in § 72-3-631, MCA, which sets a maximum based on the size of the estate, and directs that in any case the fee shall be “reasonable.”
Matter of Est. of Sauter, 615 P.2d 875 (Mont. 1980). · cites it 3× “If, however, the estate is benefited, and claim for attorney’s fees is made against the estate, then the subject of the special administrator’s attorney’s fees would be a matter for determination by the District Court in accordance with section 72-3-631(5), MCA, and subject to…”
In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989). · cites it 2× “Without burdening this opinion with figures, we determine that the compensation of the personal representative eventually allowed by the court was well within the limits prescribed in § 72-3-631, MCA, and that the compensation of the attorney so approved, was within the limits…”
Est. of Damjanovich, 2025 MT 259 (Mont. 2025). · cites it 2× “11 See § 72-3-631, MCA (“[a] personal representative is entitled to reasonable compensation for services,” but “also may renounce the right to all or any part of the compensation”).”
Mont. Code Ann. § 72-3-631(5): 1 case
Matter of Est. of Sauter, 615 P.2d 875 (Mont. 1980). “If, however, the estate is benefited, and claim for attorney’s fees is made against the estate, then the subject of the special administrator’s attorney’s fees would be a matter for determination by the District Court in accordance with section 72-3-631(5), MCA, and subject to…”
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