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.

(Montana BD Revocation 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 Revocation

Retain full control of your property during your lifetime
Update beneficiary designations after a life change
Designate a beneficiary to receive property upon your death
Provide for a loved one without giving up current ownership
Avoid probate costs and delays for your heirs
Simplify property transfer for your family after your passing

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 Affidavit of Death 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 revocation 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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