Montana Beneficiary Deed Affidavit of Death

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 Tuesday February 12, 2019

4.6 out of 5 (269 Reviews)

What others like you are saying:

December 24th, 2018

Name: Elijah H.

Review: Deeds.com worked very well for me. Very Simple packet. And my County uses the same website

Reply from Staff on December 24th, 2018

Thanks for the kinds words Elijah, we really appreciate it.

January 10th, 2019

Name: Maria S.

Review: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

Reply from Staff on January 10th, 2019

Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.

December 30th, 2018

Name: Yvonne W.

Review: I'm not certain yet that this is all I need to do what I need to do. Marion Co. Clerk's office has not been helpful. I found this site from that site & hopefully it will help.

Reply from Staff on December 30th, 2018

Thanks for the feedback Yvonne. We hope you found what you needed. Have a wonderful day!