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.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 6. Personal Representative Powers, Duties, and Compensation
72-3-602. Priority among different letters
72-3-603. Notice of appointment to heirs and devisees
72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction
72-3-606. Possession and protection of estate
72-3-607. Inventory -- appraisal
72-3-609. Supplemental inventory
72-3-610. General duties -- fiduciary
72-3-611. No surcharge for authorized acts generally -- limitation
72-3-613. Transactions authorized for personal representative
72-3-614. Power to recover property that is subject of void or voidable transfer
72-3-615. Transaction involving conflict of interest -- voidable -- exceptions
72-3-616. Improper exercise of power -- breach of fiduciary duty
72-3-617. Order restraining personal representative
72-3-618. Persons dealing with personal representative -- protection
72-3-619. Powers of personal representatives in general
72-3-621. Powers and duties of successor personal representative
72-3-622. Corepresentatives -- when joint action required
72-3-623. Persons dealing with single corepresentative -- protection
72-3-624. Powers of remaining corepresentative
72-3-625. through 72-3-630 reserved
72-3-631. Compensation of personal representative
72-3-632. Expenses of personal representative in estate litigation