Montana Beneficiary Deed Affidavit of Death
County Specific Legal Forms Validated as recently as March 10, 2026 by our Forms Development Team
About the Montana Beneficiary Deed Affidavit of Death
How to Use This Form
- Select your county from the list on the left
- 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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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
What Others Like You Are Saying
"So easy and fast that even I could do it, and I'm technologically challenged! Thank you Deeds.com fo…"
"5 star review. Was able to order and download what I wanted in just a few minutes without any glitch…"
"No choice since the county does not seem to provide info you supplied."
"Deeds.com was a fast and easy site to use the staff answered my questions online efficiently"
"Thanks for the easy download, clear instructions, good price- I'm looking forward to filling them ou…"
Common Uses for Beneficiary Deed Affidavit of Death
- Replace a beneficiary who has predeceased you
- Designate a spouse as the beneficiary of your property
- Transfer property automatically at death without probate
- Revoke a prior transfer on death or beneficiary designation
- Update beneficiary designations after a life change
Compare other Montana deed forms and documents
Common Uses for Beneficiary Deed Affidavit of Death
- Replace a beneficiary who has predeceased you
- Designate a spouse as the beneficiary of your property
- Transfer property automatically at death without probate
- Revoke a prior transfer on death or beneficiary designation
- Update beneficiary designations after a life change
Compare other Montana deed forms and documents
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.