Montana Beneficiary Deed Affidavit of Death

Montana Beneficiary Deed Affidavit of Death Information

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.

Deeds.com Montana Beneficiary Deed Affidavit of Death Forms Have Been Updated as Recently as Monday June 6, 2022

4.8 out of 5 (3552 Reviews)

What others like you are saying:

Richard E. said: The QuitClaim deed does not provide enough space in the Grantor block at the top of the first page. In fact, all blocks should provide more space.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Patricia C. said: They had exactly what I was looking for. Easy to follow instructions and very helpful.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Kimberley H. said: This was crazy easy to do...such a fantastic service! Thank you!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Eric S. said: Very easy and efficient to use. Thank you!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Deborah D. said: Very easy to use, got everything I needed. Reasonable price.

Reply from Staff: Thank you!

Ronald W. said: Easy to use and very helpful

Reply from Staff: Thank you!