72-3-631. Compensation of personal representative. - Montana Statutes

     72-3-631. Compensation of personal representative. (1) A personal representative is entitled to reasonable compensation for services. The compensation may not exceed 3% of the first $40,000 of the value of the estate as reported for federal estate tax purposes and 2% of the value of the estate in excess of $40,000 as reported for federal estate tax purposes. However, a personal representative is entitled to a minimum compensation of the lesser of $100 or the value of the gross estate.
     (2) In proceedings conducted for the termination of joint tenancies, the compensation of the personal representative may not exceed 2% of the interest passing.
     (3) In proceedings conducted for the termination of a life estate, the compensation allowed the personal representative may not exceed 2% of the value of the life estate if it is terminated in connection with a probate or joint tenancy termination. If a life estate is terminated separately, the personal representative's compensation may not exceed 2% of the value of the estate, except that it may not be less than $100.
     (4) If there is more than one personal representative, only one compensation is allowed.
     (5) The court may allow additional compensation for extraordinary services. The additional compensation may not be greater than the amount that is allowed for the original compensation.
     (6) 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.