Updated April 11, 2024
A Montana deed is a legal document used to transfer land and real estate in the State of Montana. The deeds must have the name and address of the grantor and grantee as well as the legal description of the property being transferred. In addition, a notary must sign an acknowledgment that the deed was properly signed. The deed will then have to be filed with the clerk and recorder in the county in which the property is located.
Laws – Title 70 (Property), Chapters 20 & 21
Realty Transfer Certificate – Must be filed with the Department of Revenue for each transfer of real estate. The form includes Form 488 which lists the details of the transaction and Form 640 that certifies the water ownership rights on the property.[1]
Recording – All filings must be made in the County Clerk and Recorder’s Office in the area where the property is located.[2]
Signature – A notary must witness the signature(s) of the Grantor(s).[3]
Deed Types (4)
General Warranty – This type provides a warranty from the seller to the buyer that there are no hidden defects in the title and that the seller has the legal authority to sell the property.
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Quit Claim – A quit claim provides no warranty regarding the title or legal authority to sell. It is often used in “close” situations between close family members or between related entities.
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Special Warranty – This type provides a limited warranty only as far as the grantor’s ownership of the property but not before they acquired the property.
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Transfer on Death – This deed transfers property to a designated beneficiary.
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Montana Property Search (4 steps)
A property in search in Montana begins with the clerk and recorder’s office in the county in which the property you plan on purchasing is located. A search entails looking back at all the transfers of the property for 50 years to determine if there are any “clouds” on the title. In other words, you are looking for things that may inhibit your interest in the property. Some counties allow you to search properties online, but they usually come with a subscription fee. The following is an example of how you can begin a search online in one of the counties in Montana.
Step 1
Go to the Montana Association of Counties webpage in order to find your county’s website:
Step 2
Click on the county in which your property is located. We are using Cascade County as an example.
Step 3
Look for the Clerk and Recorder’s page, in this case by clicking on “departments.”
Step 4
Click on “Land Records” and you will be brought to a subscription site.