My Account Real Estate Deeds

Montana Beneficiary Deed Revocation

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 Beneficiary Deed Revocation Forms Have Been Updated as Recently as Tuesday October 22, 2019

4.7 out of 5 (912 Reviews)

What others like you are saying:


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

Pam B. said: This form really helped me out a lot could be a little more explanatory in some areas but all and all it works.

Reply from Staff: Thanks Pam, we appreciate your feedback.

James D. said: It was very easy to set up the account but then everything is very costly. I didn't see any publications that were free to account holders, so as infrequently I have to do a title search, I may as well just hire an online service to do the legwork too.

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

Della M. said: Very easy to purchase with immediate use of all of the forms that you need for probate of property. My parents had died and left equal shares of their home to my 2 brothers and I.

Reply from Staff: Thank you!

FRANK O. said: Easy to download and use the forms, however two forms needed for my county recording were not included.

Reply from Staff: Thank you for your feedback Frank. We'll look into finding and including the additional supplemental documents. Sometimes supplemental documents have to be generated by the county's system, specific to the transaction.

Jorge O. said: Everything work excellent. Don't think any update is needed at this time. Thank you

Reply from Staff: Thank you!

Montana Beneficiary Deed Revocation Form