Do I Need a Transfer on Death Deed in Montana?

A transfer on death deed in Montana requires notary acknowledgment. The signed deed must be recorded at the county clerk and recorder before death to be effective. Must be recorded in the office of the county clerk and recorder in the county where the property is located before the transferor's death. If any part of the property lies in more than one county, record the deed in each of those counties. MCA 72-6-408; MCA 72-6-415 form.MCA 72-6-401 to 72-6-418Verified Aug 24, 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 (MCA 72-6-410(1)(a)(i)), Recording an instrument of revocation that expressly revokes the TOD deed (MCA 72-6-410(1)(a)(ii)), Recording an inter vivos deed that expressly revokes the TOD deed (MCA 72-6-410(1)(a)(iii)), An inter vivos transfer of the property (e.g., a recorded deed conveying the property during the transferor's lifetime) automatically revokes any prior TOD deed, even without express revocation language (MCA 72-6-410(4)), By operation of law: a divorce or annulment revokes the designation of a former spouse, and of any relative of the former spouse who is not also related to the transferor, unless the deed, a court order, or a marital-property agreement expressly provides otherwise; remarriage to the former spouse revives it (MCA 72-2-814, applied through MCA 72-6-412(1)).MCA 72-6-401 to 72-6-418Verified Aug 24, 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 Aug 24, 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 Aug 24, 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.