Montana life estate deed
A life estate deed passes your Montana property to the people you name without probate, while you keep the right to live in it for life. Unlike a transfer-on-death deed, it cannot be undone once it is signed and delivered. Here is exactly what Montana requires, what it costs, and where to file it.
- Recording office
- Clerk and Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- $20 first page
- E-recording
- Approved submitters
What a life estate deed does in Montana
A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.
The Montana law behind this deed
Montana has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | Mont. Code Ann. § 70-20-101 |
| Recording with the Clerk and Recorder | Mont. Code Ann. §§ 70-21-201 to 70-21-213 (recording), 7-4-2636 and 7-4-2637 (format standards and fees) and 15-7-305 (Realty Transfer Certificate) |
| Homestead and spousal consent | Mont. Code Ann. § 70-32-301 |
Less common in Montana
Life estate 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 life estate deed
- Pass a home to children while reserving the right to live there for life
- Start the Medicaid look-back clock on a transfer (state rules vary)
- Avoid probate on the property with a simple, long-established instrument
- Provide for a surviving spouse or partner with the remainder going to your own children
What Montana requires on the deed
These are the execution and formatting rules for Montana deeds. A deed must be acknowledged before it can be recorded (Mont. Code Ann. § 70-21-203), and the Clerk and Recorder will not accept a deed that transfers property now without a Realty Transfer Certificate (§ 15-7-305). A deed that misses the format rules is still recorded, for $10 more (§ 7-4-2637(2)).
| Requirement | What Montana says |
|---|---|
| Recording office | Clerk and Recorder |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| 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, a 3-inch space at the top of the first page (blank for the recording stamp, except for the return name and address in its upper left corner), 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Realty Transfer Certificate (Form RTC) |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. |
A spouse may have to sign even if they are not an owner
Montana has no dower, curtesy, or community property, so a spouse who is not on the title usually does not sign. The exception is a home with a recorded declaration of homestead: a married owner's homestead can be conveyed only by a deed that both spouses sign and acknowledge (Mont. Code Ann. §§ 70-32-105, 70-32-301).
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 the wording, notary certificate, and 3-inch first-page margin used for Montana deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete Realty Transfer Certificate (Form RTC)Montana requires this with every deed that transfers property now, including a gift (Mont. Code Ann. § 15-7-305). It also asks whether water rights go with the property. Your filing packet explains how to fill it in.
- Record it with the Clerk and RecorderFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.
What it costs in Montana
| Cost | Typical amount |
|---|---|
| Recording fee | $20 for the first page and $10 per additional page |
| Transfer tax | None in this state |
| Notary | A Montana notary may charge no more than $10 for each acknowledgment, plus any travel or remote-notarization fee you agree to in advance (Mont. Code Ann. § 1-5-626). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 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.
Many Montana recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Montana: Yellowstone, Gallatin, Missoula, Flathead, Cascade, Lewis and Clark. See all Montana recording offices.
What a life estate deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
- A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
- Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
- It is usually treated as a divestment for Medicaid purposes. Get advice before using it for that purpose.
Quirks of Montana law that catch people out
- A Realty Transfer Certificate must accompany every Montana deed that transfers property now, including gifts and other transfers with no price. Recorders will not accept such a deed without one. A transfer on death deed is the exception: no certificate is filed until the owner dies.
- Montana has no real estate transfer tax.
- Montana recognizes transfer-on-death deeds under its Uniform Real Property Transfer on Death Act.
- Montana's recording fee is set by state law: $20 for the first page and $10 for each additional page, plus $10 for a document that misses the state's format standards (Mont. Code Ann. § 7-4-2637).
- If your name has changed since you took title, the deed must also give the name on your current deed, for example "Jane Smith, who took title as Jane Doe" (Mont. Code Ann. § 70-20-109). Enter that name in the People step and Deedly prints it.
$49, 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 $49, versus roughly $150–$700 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 $20 for the first page and $10 per additional page. Montana has no state real estate transfer tax, so the recording fee is normally the whole cost. The recording fee is set by state law and is the same in every Montana county. A document that does not meet Montana's format standards costs $10 more (Mont. Code Ann. § 7-4-2637). From July 1, 2027 the Department of Revenue adjusts the fee for inflation every two years.
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. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No. Once a life estate deed is signed and delivered, the remaindermen hold a present interest and you can't sell, mortgage, or undo it without every one of them signing. If you want to keep control, look at a transfer-on-death deed instead.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the Clerk and Recorder so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Usually not. Montana has no dower, curtesy, or community property, so a spouse who is not on the title usually does not sign. The exception is a home with a recorded declaration of homestead: a married owner's homestead can be conveyed only by a deed that both spouses sign and acknowledge (Mont. Code Ann. §§ 70-32-105, 70-32-301). Deedly prints a signature line and acknowledgment for your spouse when you are married and the property is your home.
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
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.