Free Montana Affidavit of Death

In Montana, a surviving joint owner records the “Acknowledged statement that the holder of a nonprobate interest in real property is deceased”.

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Who may sign in Montana: A person with an interest in the real property that the deceased joint tenant owned (Mont. Code Ann. § 72-16-503); Mont. Code Ann. § 7-4-2613(1)(c) names no signer.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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A surviving co-owner of the propertyAnother person who knows the facts

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The “Acknowledged statement that the holder of a nonprobate interest in real property is deceased”: Montana records an acknowledged statement that a joint tenant has died and that the joint tenant's interest in the property is terminated, with a legal description of the property. The interest ends at death; the statement records the fact. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: A person with an interest in the real property that the deceased joint tenant owned (Mont. Code Ann. § 72-16-503); Mont. Code Ann. § 7-4-2613(1)(c) names no signer. The affidavit is acknowledged before a notary public.

It states: a statement that the joint tenant has died and that the joint tenant's interest in the property is terminated; a legal description of the property.

Recording is not a condition of the transfer: title passed at the death under the instrument. Filed with it: Realty Transfer Certificate (Form RTC).

Montana law names no affidavit for a transfer on death deed beneficiary. At the owner's death the interest passes to the surviving designated beneficiary under the recorded deed, and the county clerk and recorder records death certificates. The document prepared on this page is the surviving joint owner's affidavit; the beneficiary's step is not an affidavit.

The Affidavit of Death in Montana

When a joint owner dies in Montana, the land records still show the deceased owner. What a surviving joint owner records: the “Acknowledged statement that the holder of a nonprobate interest in real property is deceased”. What it does: Montana records an acknowledged statement that a joint tenant has died and that the joint tenant's interest in the property is terminated, with a legal description of the property. The interest ends at death; the statement records the fact. It goes to the county recording office.

What the statute has it state: a statement that the joint tenant has died and that the joint tenant's interest in the property is terminated; a legal description of the property.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. Filed with it: Realty Transfer Certificate (Form RTC).

For a transfer on death deed: Montana law names no affidavit for a transfer on death deed beneficiary. At the owner's death the interest passes to the surviving designated beneficiary under the recorded deed, and the county clerk and recorder records death certificates.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Montana statutes and official state code. How we research.

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Free Montana Affidavit of Death

In Montana, a surviving joint owner records the “Acknowledged statement that the holder of a nonprobate interest in real property is deceased”.

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The Affidavit of Death in Montana

What the statute has it state: a statement that the joint tenant has died and that the joint tenant's interest in the property is terminated; a legal description of the property.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. Filed with it: Realty Transfer Certificate (Form RTC).

Free Montana Affidavit of Death

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Free Montana Affidavit of Death

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