Petition For Additional Compensation

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Additional Compensation is a commonly used form within Montana. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Additional Compensation

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Additional Compensation:

• This form pertains to the State of Montana

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Montana’s Form Form 10.4 - Petition For Additional Compensation up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Montana form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Montana probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 10.4, take a break, and then review. Probate and estate settlement processes in MT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 10.4 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 10.4 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Additional Compensation to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Montana.

5 reasons you should submit Form 10.4 as quickly as possible:

1. The sooner you begin, the faster Montana can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Montana. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Montana is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Montana probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Montana probate clerk or court for exact answers regarding Form Form 10.4, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Additional Compensation is one of the many probate court forms available for download through Atticus.

It may also be available through some Montana probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Montana.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 10.4 - Petition For Additional Compensation f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Montana probate court office.

Petition For Additional Compensation is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Montana-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Montana Form Form 10.4 - Petition For Additional Compensation. You can use this to get an idea of the context of the form and what type of information is needed.

Form 10.4 PETITION FOR ADDITIONAL COMPENSATION FOR PERSONAL REPRESENTATIVE AND FOR ATTORNEY FOR DECEDENT’S ESTATE – PAGE 1 §§ 72-3-631(1) and (5) and 72-3-633(1) and (5), MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MONTANA JUDICIAL DISTRICT COURT, COUNTY IN THE MATTER OF THE ESTATE OF , Deceased. Probate No. PETITION FOR ADDITIONAL COMPENSATION FOR PERSONAL REPRESENTATIVE AND FOR ATTORNEY FOR DECEDENT’S ESTATE COMES NOW, Petitioner Personal Representative, by and through Petitioner’s counsel, ____________, of the firm of__________________, and respectfully shows as follows: 1.__________________ died on ___________________, 20____. Petitioner Personal Representative is the duly appointed, qualified, and acting Personal Representative of the decedent’s estate. 2.The value of the decedent’s estate as reported for federal estate purposes is $___________________. 1 3.Petitioner Personal Representative has rendered the following services necessary to the estate (enter the nature of the services, the skill & experience required and the time spent). 4.The time spent by Petitioner Personal Representative in the administration of the 1 Additional compensation for both the P.R. and attorney is allowable even if no federal estate tax return is required. Attorney Name: _______________________________________________ ATTORNEY'S LAW FIRM: ______________________________________ Attorney's Address: ____________________________________________ City, State, Zip: _______________________________________________ Phone Number: _______________________________________________ Attorneys for: _________________________________________________ Form 10.4 PETITION FOR ADDITIONAL COMPENSATION FOR PERSONAL REPRESENTATIVE AND FOR ATTORNEY FOR DECEDENT’S ESTATE – PAGE 2 §§ 72-3-631(1) and (5) and 72-3-633(1) and (5), MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 estate has been extraordinary in nature, exceeds the number of hours a reasonable person would expect to spend for such services, and such extraordinary services were beneficial to the estate. 5.Under § 72-3-631(1), MCA (2005) and based on the inventory value noted above, the Personal Representative is entitled to a fee of $___________, and based on the nature and value of services rendered, the Personal Representative should be allowed additional compensation for extraordinary services in the amount of $______________. 6.Petitioner Attorney has rendered the following services necessary to the estate (enter the nature of the services, the skill and experience required and the time spent). 7.The amount of time spent by the attorney in the administration of the estate has been extraordinary and the services rendered by the attorney were reasonable and were beneficial to the estate. 8.Under § 72-3-633(1), MCA (2005) and based on the value of the estate noted above, the attorney for the estate is entitled to a statutory fee of 11/2 times that allowable to the Personal Representative, or $______________, and in light of the nature and value of the extraordinary legal services rendered, the attorney should be allowed further compensation in addition to the statutory amount fee of $_______________. WHEREFORE, Petitioner prays that: 1.The Court set a time and place of hearing the Petition. 2.The Court award compensation to the Personal Representative in the following amounts: a.$_______________ as a statutory fee; and b.$_______________ as additional compensation for extraordinary services; and Form 10.4 PETITION FOR ADDITIONAL COMPENSATION FOR PERSONAL REPRESENTATIVE AND FOR ATTORNEY FOR DECEDENT’S ESTATE – PAGE 3 §§ 72-3-631(1) and (5) and 72-3-633(1) and (5), MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.The Court award compensation to the attorney in the following amounts: a.$_______________ as a statutory fee; and b.$_______________ as further compensation for extraordinary services. DATED this _____ day of ____________________, 20____. Firm Name: _____________________ Address: ________________________ ________________________ By: _____________________________ By: _____________________________ Attorney Name Personal Representative Address: ______________________ ______________________ Attorneys for the Personal Representative