Transferring Title under a Montana Beneficiary Deed

In 2007, the Montana Legislature enacted the state's beneficiary deed law, found at Montana Code Annotated Section 72-6-121. All following parenthetical references identify the part of that section which contains additional information. The statute outlines the requirements for a beneficiary to gain ownership of real property from a beneficiary deed at 72-6-121(12).

The process involves completing and recording an affidavit of death. This document must contain the information specified in 7-4-2613(1)(c), including recording details from the beneficiary deed, a full legal description of the property interest, names and addresses of all surviving grantee beneficiaries, and evidence of the owner's death. In addition, attach an official copy of the deceased owner's death certificate. When the affidavit of death is completed and notarized, submit it to the clerk and recorder in each county in which the real property or any part of the real property is located.

Beneficiaries take ownership of the property subject to any mortgages, taxes, and obligations of record (1), including claims from the department of public health and human services may assert a claim pursuant to 53-6-167 for medical assistance (7). Because of these or other reasons, some beneficiaries may decide not to accept the transfer. In that case, follow the procedures outlined in 72-2-811 to disclaim the interest.

Each circumstance is unique, so contact an attorney with specific questions or for complex situations.

(Montana BD Affidavit of Death Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Beneficiary Deed Affidavit of Death

Designate a beneficiary to receive property upon your death
Simplify property transfer for your family after your passing
Replace a beneficiary who has predeceased you
Transfer property automatically at death without probate

Compare other Montana deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Deed of Trust and Promissory Note Substitution of Trustee-for Trust Indenture/Deed of Trust Deed of Full Reconveyance - for Trust Indenture/Deed of Trust Substitution of Trustee and Deed of Full Reconveyance - for Trust Indenture/Deed of Trust Assignment of Trust Indenture/Deed of Trust Easement Deed Termination of Easement Beneficiary Deed Beneficiary Deed Revocation Affidavit of Deceased Joint Tenant Mineral Deed Mineral Deed with Quitclaim Covenants Personal Representative Deed Personal Representative Deed of Distribution Trustee Deed Certificate of Trust Disclaimer of Interest

Important: County-Specific Forms

Our beneficiary deed affidavit of death forms are specifically formatted for each county in Montana.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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