Lewis And Clark County Special Warranty Deed Form (Montana)

Lewis And Clark County Special Warranty Deed Form

Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Last validated 7/17/2025
Lewis And Clark County Special Warranty Deed Guide

Special Warranty Deed Guide

Line by line guide explaining every blank on the form.

Last validated 4/16/2025
Lewis And Clark County Completed Example of the Special Warranty Deed Document

Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.

Last validated 5/21/2025

Important: Your property must be located in Lewis And Clark County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Lewis and Clark County Clerk / Recorder

Address:
316 North Park Ave, Rm 113
Helena, Montana 59623

Hours: 8:00am-5:00pm M-F

Phone: (406) 447-8337

Recording Tips for Lewis And Clark County:
  • Recorded documents become public record - avoid including SSNs
  • Check margin requirements - usually 1-2 inches at top
  • Request a receipt showing your recording numbers
  • Ask about accepted payment methods when you call ahead

Cities and Jurisdictions in Lewis And Clark County

Properties in any of these areas use Lewis And Clark County forms:

  • Augusta
  • Canyon Creek
  • East Helena
  • Fort Harrison
  • Helena
  • Lincoln
  • Marysville
  • Wolf Creek

How do I get my forms?

Forms are available for immediate download after payment. The Lewis And Clark County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Lewis And Clark County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lewis And Clark County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Lewis And Clark County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

Have other questions? Contact our support team

In Montana, real property can be transferred from one party to another by executing a special warranty deed. This type of deed is commonly used in commercial transactions, but is also valid for residential transfers.

Special warranty deeds are not statutory in Montana, but are still accepted forms of conveyance. The state provides a general form that may be used for a special warranty deed (Mont. Code Ann. 70-20-103). The warranties included in this type of deed are not defined by statute, except for covenants implied by the use of the word "grant." The word "grant" implies that, prior to the execution of the conveyance, the grantor did not convey the same estate or any right, title, or interest to any person other than the grantee. It also implies that, at the time of execution of the conveyance, the estate was free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor (Mont. Code Ann. 70-20-304).

A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For Montana residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Mont. Code Ann. 70-1-307, 70-1-314).

As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed should meet all state and county standards of form and content for recorded documents.

Any party transferring real property is required to file a Realty Transfer Certificate, subject to a $500 penalty. File the form with the clerk and recorder in the county where the property is located. (Mont. Code Ann. 15-7-305). The Realty Transfer Certificate includes a Water Rights Disclosure. Contact the Montana Department of Revenue with questions regarding the transfer, division, or exemption of water rights. For a valid transfer, record the deed at the clerk and recorder's office in the county where the property is located. Contact the same office to confirm accepted forms of payment.

This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about special warranty deeds or for any issues related to transfers of real property in Montana.

(Montana SWD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Lewis And Clark County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Lewis And Clark County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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February 2nd, 2024

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