Updated March 21, 2024
A Montana transfer on death (TOD) deed is a document that transfers real estate to a designated beneficiary outside of probate. These deeds are effective upon the property owner’s death. However, the property owner retains the right to revoke the deed or sell the property at any point.
Table of Contents |
Requirements
- Notary: Required (§ 70-21-203)
- Recording: Must be recorded before the property owner’s death in the office of the county clerk and the recorder of the county where the property is located (72-6-408(3))
- Witnesses: Not required
Legal Description
A transfer on death deed must feature a legal description. A legal description is a written statement delineating the exact location and boundaries of the property using the Public Land Survey System (PLSS).
To locate a legal description, reference property tax statements or the current deed. This information can also be requested from the office of the county clerk and the recorder of the county where the property is located.
Example
“The south 1/2 of the northwest quarter of section 42, township 23 north, range 19 east, Yellowstone County, State of Montana, as recorded in Plat Book 3, Page 21, in the Office of the County Clerk…”
Revocation
A Montana transfer on death deed is a nontestamentary instrument that cannot be revoked by a will. Instead, property owners may revoke a TOD deed using one of three documents (§ 72-6-410):
- A new transfer on death deed that revokes the previous deed either expressly or by inconsistency; or
- A form of revocation (§ 72-6-416); or
- An inter vivos deed that expressly revokes the previous TOD deed.
These documents must be acknowledged and recorded before the transferor’s death.
Where to Record
After completing and acknowledging the TOD deed, the property owner must take it to the office of the county clerk and the recorder of the county where the property is located. The clerk will offer specific instructions for recording the deed. Fees may apply.