Montana Code Annotated

Mont. Code Ann. § 72-5-432 (2026)

Compensation And Expenses

✓ current as of May 2026
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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP

Part 4. Protection of Property of Minors and Persons Under Disability

Compensation And Expenses

72-5-432. Compensation and expenses. If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.

History: En. 91A-5-414 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-414.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1995–2023 · leading case: In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015).
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). · cites it 6× “” Section 72-5-432, MCA. 23 ¶66 It logically follows that an attorney specifically appointed as a conservator, rather than one hired by a conservator, is entitled to reasonable fees for legal work done in administration and/or protection of the estate.”
In Re the Conservatorship of J.R., 2011 MT 62 (Mont. 2011). · cites it 2× “¶72 As to Shevlin’s fees, §72-5-432, MCA, provides: Compensation and expenses.”
Raymond v. Pickering (In Re Pickering), 182 B.R. 268 (Bankr. D. Mont. 1995). · cites it 2× “By Montana law, (Mont.Code Ann. § 72-5-432) as stated in Finding No.”
Est. of Lewis, 2023 MT 35N (Mont. 2023). · cites it 2× “See § 72-5-432, MCA. ¶19 Langlois cites several cases in which attorney’s fees were granted to support his contention that such fees should be awarded.”
Stein v. Zimmer, 2000 MT 185N (Mont. 2000). · cites it 2× “¶41 In this case, Tom first asserted a claim for conservator fees pursuant to § 72-5-432, MCA, against John's estate in his Motion to Amend Answer to Assert Counterclaim for Payment of Fees to Conservator filed on April 8, 1999, approximately two weeks prior to the scheduled…”
Matter of Conservatorship of Richar (Mont. 1995). “The law at that time provided for reasonable compensation to a conservator, just as § 72-5-432, MCA, provides now. However, this Court held that the district court correctly denied attorney fees in that case for the following reasons: While a mere technical breach of duty which…”
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