Montana general warranty deed
Here is what Montana actually requires on a general warranty 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
- $20 first page
- E-recording
- Approved submitters
What a general warranty deed does in Montana
A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.
The Montana law behind this deed
Montana has no section written specifically for general warranty 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 |
When Montana property owners use a general warranty deed
- Sell a property directly to a buyer without an agent
- Transfer a property where the buyer expects full title protection
- Satisfy a purchase contract that calls for a warranty deed
- Convey property where a title company requires warranty covenants
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) |
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.
- 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 | $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 general warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
- It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
- It does not avoid probate and cannot be revoked once delivered and recorded.
- Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.
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.
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.
$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, 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.
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 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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- 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.