Revoking a Montana Beneficiary Deed
A revocation of a recorded beneficiary deed must be lawfully executed and recorded during the owner's life or it has no effect.
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.
Beneficiary deeds are nontestamentary documents that convey a potential future interest in real property, but they only become effective when the owner dies (11). Until that point, the owner retains absolute title to, control over, and use of the property, including the freedom to modify or revoke the beneficiary designation, or to sell the property to someone else. This flexibility is what makes beneficiary deeds so useful; it allows the owners to respond quickly if circumstances change. Note that if the real property is owned as joint tenants with right of survivorship and if the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner (6).
If an owner executes and records more than one beneficiary deed concerning the same real property, the document recorded closest to the owner's death is the effective beneficiary deed (8). Even though the recording date directs the transfer, it makes sense to execute and record a revocation because it adds an endpoint to the original deed and helps to preserve a clear chain of title (ownership history). This is important because any perceived irregularities can add unnecessary complexity to future sales of the property.
Revoking a beneficiary deed is a simple process, but it may not be appropriate in all cases. Contact an attorney with specific questions or for complex situations.
Deeds.com Montana Beneficiary Deed Revocation Forms Have Been Updated as Recently as Tuesday February 12, 2019
What others like you are saying:
December 23rd, 2018
Name: Maryel T.
Review: Good site, had the information I needed. Quicker than I expected. Thanks.
Reply from Staff on December 23rd, 2018
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
January 7th, 2019
Name: Teri B.
Review: Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!
Reply from Staff on January 7th, 2019
Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!
January 23rd, 2019
Name: Gwen R.
Review: Happy with the forms no complaints at all.
Reply from Staff on January 23rd, 2019
Thank you Gwen!
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