Quitclaim Deeds and Transferring Property in Montana
How to sign and record a quitclaim or other deed in Montana, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: To be recorded, a deed must be acknowledged by the signer before a notary (or proved by a subscribing witness, notarized). Record it with the county clerk and recorder of the county where the property is located. Mont. Code Ann. §§ 70-21-203, 70-21-208, 15-7-305
| Signing and recording a deed | To be recorded, a deed must be acknowledged by the signer before a notary (or proved by a subscribing witness, notarized). Record it with the county clerk and recorder of the county where the property is located. A realty transfer certificate on the Department of Revenue form must be completed before the clerk will accept the deed for recording; failing to file it does not affect validity between the parties. Realty transfer certificate: https://mca.legmt.gov/bills/mca/title_0150/chapter_0070/part_0030/section_0050/0150-0070-0030-0050.html |
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| Transfer-on-death deed | Yes, under the Uniform Real Property Transfer on Death Act. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the land is located before the owner dies. The owner needs the same mental capacity as for a will. Notice to, acceptance by, or payment from the beneficiary is not required. |
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FAQ
What does a quitclaim deed need to be valid in Montana?
To be recorded, a deed must be acknowledged by the signer before a notary (or proved by a subscribing witness, notarized). Record it with the county clerk and recorder of the county where the property is located. A realty transfer certificate on the Department of Revenue form must be completed before the clerk will accept the deed for recording; failing to file it does not affect validity between the parties.
Does Montana allow transfer-on-death deeds?
Yes, under the Uniform Real Property Transfer on Death Act. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the land is located before the owner dies. The owner needs the same mental capacity as for a will. Notice to, acceptance by, or payment from the beneficiary is not required.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.