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. § 72-3-634 (2026)

Proceedings For Review Of Employment Of Agents And Compensation Of Personal Representatives And Employees

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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 6
  5. 72-3-634 Proceedings for review of employment of agents and compensation of personal representatives and employees

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 6. Personal Representative Powers, Duties, and Compensation

Proceedings For Review Of Employment Of Agents And Compensation Of Personal Representatives And Employees

72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees. (1) Upon the filing of a motion for settlement of fees by the court filed by an interested person, the personal representative, or the person employed by the personal representative and after notice to all interested persons, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment adviser, or other specialized agent or assistant, the reasonableness of the compensation of any person employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services must be reviewed and determined by the court.

(2) In a dispute concerning fees, the court shall set the fee.

(3) A person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.

History: En. 91A-3-722 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-722; amd. Sec. 2363, Ch. 56, L. 2009.

Notes of Decisions
Cited in 6 cases, 1979–2017 · 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 15× “I947, now section 72-3-634 MCA, for review of compensation owed to the attorneys for the estate, Hutton, Sheehy and Cromley.”
Est. of Miles v. Miles, 2000 MT 41, 994 P.2d 1139. · cites it 5× “In making this determination, the court relied on § 72-3-634, MCA, which gives any “inter *322 ested person” the right to file a motion for review of the compensation of personal representatives and anyone employed by the personal representative, and § 72-1-103(25), MCA, which…”
Matter of Est. of Stone, 768 P.2d 334 (Mont. 1989). · cites it 5× “Section 72-3-634, MCA, allows any person with an interest in the estate to petition for review of fees paid to a personal representative, attorney or other person rendering services to the estate.”
Engellant v. Engellant, 2017 MT 100, 400 P.3d 218. · cites it 2× “, § 72-3-105, MCA (an interested person may apply to the clerk for a determination in an informal proceeding); § 72-3-402, MCA (an interested person may petition for supervised administration); § 72-3-634, MCA (an interested person may move for a settlement of fees).”
Matter of the Est. of Gregory Eng, 2017 MT 100. · cites it 2× “, § 72-3-105, MCA (an interested person may apply to the clerk for a determination in an informal proceeding); § 72-3-402, MCA (an interested person may petition for supervised administration); § 72-3-634, MCA (an interested person may move for a settlement of fees).”
Est. of Damm, No. 96-074 (Mont. Nov. 21, 1996). “In Maselssen, we also stated that: We do not believe that section 91A-3-722 [the predecessor to § 72-3-634, MCA, which allows the court to review the employment of attorneys and their fees1 was intended to permit competent, fullyinformedpersonalrepresentatives to disavow their…”
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