Detailed Answer
Administering an estate in Montana can involve various expenses. The total cost depends on several factors under Montana law. Understanding these can help you plan effectively.
1. Attorney and Personal Representative Fees
Montana courts allow personal representatives (also known as executors) to receive commissions. Under Mont. Code Ann. §72-3-306, you can pay the representative a percentage of the estate. You may hire an attorney to guide you through probate. Attorneys often charge hourly rates or flat fees. Reasonable attorney fees fall under Mont. Code Ann. §72-3-727.
2. Court and Filing Fees
You must file probate petitions with the Montana District Court. Filing fees vary by county. The state’s schedule of fees for civil filings appears in Mont. Code Ann. §25-1-201. These fees can range from a few hundred to over a thousand dollars.
3. Bond Premiums and Publication Costs
If the court requires a bond for your personal representative, you must purchase a bond through a surety company. Montana law sets minimum bond amounts under Mont. Code Ann. §72-3-213. The bond premium depends on the estate’s value and the surety’s rate. You must also publish notice to creditors in a local newspaper, which adds publication and printing fees.
4. Appraisal and Inventory Costs
The personal representative must prepare an inventory and appraisal of all estate assets. The process follows Mont. Code Ann. §72-3-205. Hiring professional appraisers for real estate, businesses, or collectibles can increase costs.
5. Accounting, Tax Preparation, and Other Professional Services
Complex estates may require accountants to prepare federal estate tax returns and state inheritance or income tax filings. You might also hire real estate agents, auctioneers, or property managers. Each professional adds fees to the administration budget.
6. Property Maintenance and Miscellaneous Expenses
Until distribution, estate property may incur costs for utilities, insurance, repairs, and upkeep. Any necessary travel, mailing, and record-keeping fees also factor into the total cost.
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney in Montana to address your specific situation.
Helpful Hints
- Ask multiple attorneys for fee estimates before hiring.
- Gather all asset and debt documents early to streamline inventory.
- Consider bonding requirements when selecting a personal representative.
- Budget for appraisal and publication fees in advance.
- Keep detailed records of all expenses and correspondence.