Montana property deeds
Deed rules are state law, and Montana's differ from its neighbours 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
- ~$8 first page
- E-recording
- Generally available
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. Recording one here wouldn't achieve 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 for every signature |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Montana document formatting rules
Clerks and recorders in Montana expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
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.
A form has to travel with the deed
Montana requires Realty Transfer Certificate (Form RTC) with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $8 for the first page plus roughly $8 per additional page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
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. Most offices accept e-recording through a submitting service, which is usually same-day.
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, 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.
From $39. 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.
About $8 for the first page plus roughly $8 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
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.