Montana Transfer-on-Death Deed

At a glance

How the deed works

Montana adopted the Uniform Real Property Transfer on Death Act as Part 4 of Title 72, Chapter 6 (Mont. Code Ann. §§ 72-6-401 to 72-6-418), enacted by S.B. 225 in the 2019 legislative session. Under it an individual may transfer real property to one or more beneficiaries effective at the transferor's death by a transfer-on-death deed, for no consideration.

The deed must contain the essential elements and formalities of a recordable inter vivos deed, must state that the transfer to the beneficiary occurs at the transferor's death, and must be recorded before the transferor dies with the clerk and recorder in the county where the property is located. The beneficiary need not be notified, provide consideration, or accept during the transferor's life, and a designated beneficiary's interest is contingent on surviving the transferor.

Because a TOD deed conveys nothing until death, the transferor keeps full ownership and control during life. An attorney licensed in Montana can confirm the deed satisfies the recording formalities and coordinate it with how title is held.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Montana:

• Recording before death: Must be recorded before the transferor's death.
• Governing statute: Mont. Code Ann. §§ 72-6-401 to 72-6-418 Mont. Code Ann. Title 72, Ch. 6, Pt. 4 — Uniform Real Property Transfer on Death Act · enacted 2019 (S.B. 225).

Changing or revoking the deed

A Montana TOD deed is revocable even if the deed states it is irrevocable. During life the owner may sell, mortgage, or give the property away, and such a transfer can leave the beneficiary with nothing.

To revoke, the owner records — before death, in the county where the property lies — a revocation instrument or a later TOD deed that changes or removes the beneficiary. A revocation contained only in a will is not effective against the recorded TOD deed.

Mortgages, Medicaid & community property

Existing mortgages and liens

A Montana TOD deed passes the property subject to existing mortgages, liens, judgments, and tax obligations, and the Uniform Act preserves creditor claims against the transferred property. The beneficiary takes the owner's interest as encumbered at death; the deed does not clear secured debt.

Medicaid estate recovery

Property passing by a Montana TOD deed can remain exposed to Montana Medicaid estate recovery, the scope of which is fact-specific and can change. This is a flag: before relying on a TOD deed for a Medicaid recipient, confirm current recovery exposure with the Montana Department of Public Health and Human Services (Medicaid) and an attorney licensed in Montana.

Community property

Montana is a common-law (separate-property) state. Montana is a common-law (non-community-property) state, so no community-property survivorship interest interacts with a TOD deed. Spouses commonly use joint tenancy with right of survivorship for automatic transfer of jointly held property.

State-specific quirks

Where to read next

• Montana estate & inheritance tax — whether Montana taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Montana, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology