Montana gift deed
Here is what Montana actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Clerk and Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- ~$8 first page
- E-recording
- Generally available
What a gift deed does in Montana
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but recites donative intent, which supports a transfer-tax exemption.
Less common in Montana
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Montana property owners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Document donative intent for a transfer-tax exemption
- Make a charitable gift of real estate
What Montana requires on the deed
These are the execution and formatting rules clerks and recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Montana says |
|---|---|
| Recording office | Clerk and Recorder |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Realty Transfer Certificate (Form RTC) |
How to complete and record it in Montana
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Clerk and Recorder can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Montana's statutory language, the correct notary block, and the 3-inch first-page margin clerks and recorders expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Realty Transfer Certificate (Form RTC)Montana requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Clerk and RecorderFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Montana
| Cost | Typical amount |
|---|---|
| Recording fee | About $8 for the first page plus about $8 per additional page |
| Transfer tax | None in this state |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $39, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Montana imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Montana
Montana deeds are recorded with the Clerk and Recorder in the county where the property sits, not where you live. There are 56 counties in Montana.
Most Montana recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Montana: Yellowstone, Gallatin, Missoula, Flathead, Cascade, Lewis and Clark. See all Montana recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Montana law that catch people out
- A Realty Transfer Certificate must accompany every Montana deed, including gifts and exempt transfers. Recorders will not accept a deed without one.
- Montana has no real estate transfer tax.
- Montana recognizes transfer-on-death deeds under its Uniform Real Property Transfer on Death Act.
- Montana recording fees are charged per page. $8 per page in most counties.
How to hold title in Montana
When two or more people take title in Montana and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Montana: joint tenancy with right of survivorship and tenancy in common.
$39, one time. Your finished deed appears in full before you pay, with Montana's witness rules, margins, and recording instructions already applied.
Common questions
No. Montana has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Clerk and Recorder. Deedly produces all of that for $39, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $8 for the first page and about $8 per additional page. Montana has no state real estate transfer tax, so the recording fee is normally the whole cost. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Montana requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Clerk and Recorder in the county where the property is located, not where you live, and not where the buyer lives. Montana has 56 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Montana quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Montana general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Montana special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Montana transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for MontanaRecording offices, transfer tax, witness rules, and fees.
- Montana recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.