The Estate Planning Guide Est. 2026

How Much Does an Executor Get Paid in Montana?

Published June 11, 2026 7 min read

Quick answer

In Montana, a personal representative (executor) is entitled to reasonable compensation, but the statute caps it: no more than 3% of the first $40,000 of the estate's value and 2% of the value above $40,000 (Mont. Code Ann. §72-3-631). On a $400,000 estate that ceiling works out to about $8,400. The estate's attorney is paid separately, and family executors often waive the fee because it counts as taxable income.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Montana with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

What an executor gets paid in Montana

Montana law (Mont. Code Ann. §72-3-631) entitles the personal representative to reasonable compensation for services, but sets a statutory ceiling: compensation may not exceed 3% of the first $40,000 of the estate's value (as reported for federal estate tax purposes) plus 2% of the value above $40,000. In joint-tenancy termination proceedings the cap is 2% of the interest passing, and the court may allow additional compensation for extraordinary services (not exceeding the ordinary amount).

The executor (in some states called the personal representative) is the person who settles the estate — gathering assets, paying debts and taxes, and distributing what’s left. The fee is their compensation for that work, paid out of the estate before the beneficiaries receive their shares.

A Montana example

On a $400,000 Montana estate, the statutory ceiling is $1,200 (3% of the first $40,000) plus $7,200 (2% of the remaining $360,000) — about $8,400 maximum. The court can approve less if the work done was modest, and the estate's attorney fee is separate.

Statutory vs. “reasonable” — how Montana decides

The cap is a maximum, not an automatic entitlement — the court awards what is reasonable up to that ceiling. Extraordinary services (selling real estate, handling litigation, running a business) can justify additional compensation, but not more than the ordinary amount allowed.

A quick map of how states handle this: some (like California, New York, Florida, and Ohio) set the fee by a statutory percentage; others (like Pennsylvania, Illinois, and Michigan) use a “reasonable compensation” standard with no fixed schedule. Montana falls into the reasonable camp.

Should a family executor in Montana even take the fee?

Here’s the part most guides skip. An executor’s fee is taxable income to the person who receives it. An inheritance, by contrast, is not taxed as income to the beneficiary.

So when the executor is also a main beneficiary — a spouse or child inheriting most of the estate — taking the fee often makes no sense. The same dollars come to them either way, but the fee is taxed and the inheritance isn’t. In that situation, many Montana executors simply waive the commission and take their inheritance instead.

Taking the fee usually makes sense when:

  • The executor is not a beneficiary (or only a small one), so waiving wouldn’t get them the money anyway.
  • The work is unusually heavy — a contested estate, a business to wind down, property to sell.
  • The executor is in a lower tax bracket than the bracket the inheritance would otherwise sit in (rare, but possible).

There’s no obligation to take the maximum — or to take anything. It’s a choice, and in Montana it’s often a tax decision more than anything else.

What the fee does and doesn’t cover

The commission compensates the executor for ordinary administration. Two things to keep separate:

  • The attorney’s fee is separate. The estate’s lawyer is paid on top of the executor’s commission — and in some states (California is the clearest example) the attorney is entitled to the same statutory amount as the executor, effectively doubling the statutory cost.
  • Extraordinary work can be billed extra. Selling real estate, running a business, handling litigation or a tax audit — Montana courts can approve additional compensation for work beyond routine administration.

Executor fees vs. total probate cost in Montana

The executor’s fee is only one line on the probate bill. Court costs, the attorney’s fee, appraisals, bonds, and publication all add up on top of it. To see the full picture for Montana, read How Much Does Probate Cost in Montana?.

And remember: assets that avoid probate entirely — through a funded living trust, beneficiary designations, or joint ownership — generally pay no executor commission at all, because they never pass through the estate the executor administers.

The honest takeaway

In Montana, an executor is entitled to compensation for real work — and they should be paid for it when they’ve earned it and aren’t already inheriting the money. But if you’re the executor and the main heir, run the simple comparison first: the fee is taxable; your inheritance isn’t. Often the smartest move is to waive the commission and take your share.

If you’re choosing an executor, pick someone trustworthy and organized over someone who’ll charge the most — and consider keeping assets in a trust or beneficiary designations where you can, so less of the estate runs through a fee-charging probate at all.

Executor fees in other states

Compare Montana with what executors are paid in other states:

This page explains executor (personal representative) compensation in Montana in general terms as of 2026. It is not legal or tax advice; fee rules, statutes, and figures change and depend on your situation. Confirm current rules with a licensed Montana attorney, and ask a tax professional before waiving or accepting a fee. Sources: Montana Code Annotated (official, legmt.gov); Mont. Code Ann. §72-3-631 (compensation of personal representative), Mont. Code Ann. §72-3-633 (review of employment and compensation).

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