Do I Need a Transfer on Death Deed in Montana?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. Montana allows transfer on death deeds.MCA 72-6-401 to 72-6-418Verified May 14, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer on death deed in Montana requires notarization (standard acknowledgment). The signed deed must be recorded at the county clerk and recorder before death to be effective.MCA 72-6-401 to 72-6-418Verified May 14, 2026
Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Montana include: Recording another TOD deed that revokes the original expressly or by inconsistency, Recording an instrument of revocation that expressly revokes the TOD deed, Recording an inter vivos deed that expressly revokes the TOD deed.MCA 72-6-401 to 72-6-418Verified May 14, 2026
Montana allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.MCA 72-6-401 to 72-6-418Verified May 14, 2026
Yes. Montana allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.MCA 72-6-401 to 72-6-418Verified May 14, 2026
A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Montana probate calculator to estimate the cost of probating remaining assets.
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Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.
