What Do I Need to Sign My TOD Deed in Montana?
Witness, notary, and remote online notarization (RON) requirements for TOD deeds in Montana.
Frequently Asked Questions
Montana does not require witnesses for a tod deed.MCA 72-6-401 to 72-6-418Verified May 14, 2026
Yes, notarization is required for a tod deed to be valid in Montana.MCA 72-6-401 to 72-6-418Verified May 14, 2026
Montana allows Remote Online Notarization (RON) for tod deeds.MCA 72-6-401 to 72-6-418Verified May 14, 2026 The notarization can be completed via secure video call with an approved RON provider, without meeting in person. The state also accepts out-of-state RON.
To execute a tod deed in Montana: Schedule a notary appointment (in-person or online via RON). Record the deed with the county recorder before death. Include a legal description of the property. Wet signature and physical recording required
No. TOD deeds work by being recorded against a specific parcel of real estate, so the deed must be a Montana TOD deed recorded with the Montana county where the property sits. A TOD deed signed in another state cannot transfer Montana real property, regardless of how it was executed. If you own real estate in more than one state, each parcel needs its own state-appropriate TOD deed. See the document portability tool for the full breakdown.
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Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.
