Montana property deeds
Deed rules are state law, and Montana's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- 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
Deeds Montana recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Montana does not recognize lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in Montana
Montana requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | 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). |
Montana document formatting rules
A safe layout for Montana is 8.5 × 11 inch paper with 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, and no type smaller than 10 point. That is the profile Deedly formats every Montana document to.
- Montana sets these rules by statute (Mont. Code Ann. § 7-4-2636): white 8.5 × 11 or 8.5 × 14 inch paper, print and signatures in blue or black ink, a 3-inch clear space at the top of page one, 1 inch at the top of later pages and at the bottom of every page, half an inch at the sides, and the return name and address in the upper left corner of page one. A document that misses any of them is still recorded, but costs $10 more (§ 7-4-2637(2)). Deedly's layout meets all of them: the return name and address print in the upper left corner, inside the 3-inch space as the statute allows (§ 7-4-2636(3)(b)), and the rest of that space stays blank.
Montana transfer tax and recording fees
Montana has no state real estate transfer tax. Montana has no transfer tax, but a Realty Transfer Certificate must accompany every deed that transfers property now (Mont. Code Ann. § 15-7-305).
A Realty Transfer Certificate has to travel with the deed
Montana requires a Realty Transfer Certificate (Form RTC) with every recorded deed that transfers property now, including gifts (Mont. Code Ann. § 15-7-305). The Clerk and Recorder will not accept such a deed without one. A transfer on death deed needs none until the owner dies.
Recording fees run $20 for the first page and $10 per additional page. 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.
See how Montana's transfer tax and recording fee compare with other states.
How to hold title in Montana
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
Where to record a deed in Montana
Deeds are recorded with the Clerk and Recorder in the county where the property is located. Montana has 56 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Yellowstone · Gallatin · Missoula · Flathead · Cascade · Lewis and Clark. all Montana recording offices
Why deeds get rejected in Montana
- 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.
From $29. Every Montana rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Clerk and Recorder in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Montana does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
$20 for the first page and $10 per additional page. Montana has no state transfer tax.
Yes. The statute is Mont. Code Ann. § 72-6-401 et seq. It must be recorded before the owner's death to be effective.
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.
- Montana recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.