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Montana: Private-Party Vehicle Title Transfer Requirements

verified against the statute 2026-07-23 9 statute sources

The short answer

In Montana the seller signs the assignment on the certificate of title, fills in the buyer, date, price, and — for a 2011-or-newer vehicle — the odometer reading, and delivers the title; no notary or witness is required for an ordinary transfer, and the seller must immediately remove the license plates, which belong to the owner rather than the car. Montana does not require a bill of sale, but the Motor Vehicle Division recommends keeping a written record of the sale and provides an official Bill of Sale (MV24); the buyer then has 40 days to apply for a new title and register at the county treasurer's office with the assigned title, the MV1 application, proof of liability insurance, and any lien release. Montana charges no sales tax on the sale — the buyer pays age-based registration fees, a title fee, and any local-option tax — a buyer who misses the 40-day deadline owes a $10 late penalty, and there is no statewide safety or emissions inspection, but insurance is required and the buyer needs a temporary permit to drive the car before it is registered.

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This is the general rule in Montana. Ezel applies current Montana law to your specific facts and answers with citations to the statutes.

Governing law, agency, and scopeMontana Code Annotated Title 61, ch. 3, part 2 (Certificates of Title), esp. §§ 61-3-201, 61-3-216, and 61-3-220, plus §§ 61-3-303, 61-3-317, and 61-3-334; the Department of Justice Motor Vehicle Division (MVD) issues titles, and a title/registration is processed through the county treasurer or an authorized agent in the buyer's county of domicile. Covers an ordinary same-state private sale of a currently Montana-titled used light (passenger) vehicle. A certificate of title is required (§ 61-3-201(1)).
Title assignment, owner signatures, and lien releaseThe owner executes the transfer in the assignment space on the certificate of title and delivers the assigned title to the buyer at delivery, or to the department/agent/county treasurer with the buyer's completed title application (§ 61-3-220(1)(b)); an e-title owner instead authorizes an electronic-record transfer (§ 61-3-220(1)(a)). Every owner named on the title must sign (MVD). The buyer executes the application for a new title in the space provided or on the MV1 (§ 61-3-220(2)(a)). Any security interest/lien on the title must be released — the lienholder signs a Release of Security Interest or Lien (MV37A) delivered with the title (MVD). Possession or a bill of sale does not substitute for the assigned title and the buyer's title/registration filing.
Notarization, witness, or agent verificationNone for an ordinary transfer. Section 61-3-220 requires only that the owner execute the transfer in the space on the certificate; no notary or witness is required for the title assignment or the buyer's application. The state Bill of Sale (MV24) states a notary is required only when the form is used with a Break/Bond Title application (MV10) or when an electronic-records transfer occurs — not for the ordinary paper-title sale.
Bill of sale requirement and contentsNot required by statute for the ordinary transfer. MVD recommends keeping a written record of the sale and provides the official Bill of Sale (MV24), which records the purchase price, the year, make, model, and VIN, and the buyer's and seller's names, addresses, and signatures, and directs use of the Odometer Disclosure Statement (MV90A) for 2011-or-newer vehicles. It supplements, and does not replace, the assigned title and the buyer's title application.
Odometer, damage, and title-brand disclosuresBefore executing any transfer document, the seller must record the odometer reading on the title or furnish a signed written statement with the reading, date, parties, vehicle description, and an accuracy certification, and the buyer signs to acknowledge it (§ 61-3-206(1)-(2)); the title application must carry the odometer statement (§ 61-3-216(2)(e)). Disclosure is not required for a 2010-or-earlier model year, or a 2011-or-later vehicle that is 20 years old or older (§ 61-3-206(4)); MVD uses the MV90A for 2011-or-newer vehicles. No separate ordinary damage form applies; salvage and rebuilt vehicles use the salvage-certificate process (§ 61-3-211) outside this ordinary answer.
Seller notice, plate handling, and liabilityNo report-of-sale or DMV notice is required — MVD says you do not need to notify the county treasurer that you sold the vehicle. But § 61-3-334 requires the transferor to immediately remove the license plates on transfer; the plates belong to the owner, not the car, so the seller keeps them and may transfer them to another vehicle (MVD). There is no statutory liability-release filing: MVD warns that a seller who leaves the plates on the car may be liable for later parking or traffic violations, so removing the plates and keeping a written record of the sale is the seller's protection.
Buyer deadline, forms, tax, and feesThe buyer has 40 calendar days from the transfer to apply for a certificate of title and register at the county treasurer or an authorized agent in the county of domicile (§§ 61-3-220(2)(c), 61-3-317(1), 61-3-303(1)). Bring the assigned title, the Application for Certificate of Title (MV1, § 61-3-216), the Odometer Disclosure Statement (MV90A) for a 2011-or-newer vehicle, any lien release (MV37A), photo ID, and proof of liability insurance (MVD). Montana levies no general sales or use tax; the buyer pays a registration fee / fee in lieu of tax for a light vehicle (age-based, § 61-3-321, per § 61-3-303(6)), a title fee, and any applicable local-option tax (§§ 61-3-303(6), 61-3-317(1)). New plates issue on registration (§ 61-3-303(5)(e)).
Inspection, emissions, insurance, and operationMontana has no statewide periodic safety inspection and no emissions or smog test for an ordinary passenger vehicle; registration under § 61-3-303 turns on the title application, the fees, and insurance verification, not an inspection. Liability insurance is required: the county treasurer or agent must verify through the online insurance-verification system that the owner has complied with § 61-6-301 before issuing plates (§ 61-3-303(11)). Because the seller removes the plates, the buyer may not drive the car during the 40-day window unless a temporary registration permit (§ 61-3-224) is issued and properly displayed (§ 61-3-317(1)-(2)). A VIN inspection (MV20) applies only to out-of-state or bonded titles, outside this answer.
Penalties, rejection, and failed transferA transferee who misses the 40-day deadline owes a $10 late penalty, payable before the vehicle is registered and in addition to the other fees (§ 61-3-220(3)). Operating the vehicle on the highways during the grace period without a displayed temporary registration permit is not allowed (§ 61-3-317(1)). The county/MVD may reject a title with blank fields, cross-outs, or white-out, or a filing missing a lien release, odometer statement, or insurance proof (MVD). If the buyer never completes the transfer, a secured party or lienholder of record may pay the transfer fees to protect its interest (§ 61-3-220(4)); until the seller removes the plates and keeps a record, the seller can remain exposed to post-sale liability (§ 61-3-334; MVD).

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Requirements one by one

The title assignment and the county-treasurer filing

Montana moves ownership through the certificate of title. Under § 61-3-220(1)(b)
the seller executes "a transfer in the appropriate space provided on the
certificate of title" and delivers the assigned title to the buyer at delivery —
or to the department, an authorized agent, or a county treasurer together with
the buyer's completed application. A seller who holds only an electronic title
instead authorizes the agent or treasurer to enter the transfer on the electronic
record (§ 61-3-220(1)(a)). Every owner named on the title must sign the
assignment.

The buyer then applies. Section 61-3-220(2)(a) has the transferee "execute an
application for a certificate of title in the space provided on the assigned
certificate of title or as prescribed by the department" — in practice the
Application for Certificate of Title (Form MV1) under § 61-3-216. If the title
shows a security interest, the lienholder must sign a Release of Security
Interest or Lien (MV37A) that travels with the title.

No notarization

Nothing in an ordinary Montana transfer is notarized. Section 61-3-220 asks only
for the assignment in the space on the certificate, and the state Bill of Sale
(MV24) says plainly that a notary is "required only when used in conjunction with
Application for Break/Bond Title (MV10) or an Electronic Records Transfer." There
is no notary or witness step for the ordinary paper-title sale or for the buyer's
application.

The bill of sale is a record, not a requirement

Montana does not require a bill of sale by statute. The Motor Vehicle Division
advises the seller to "keep a written record of the sale" and provides the
official Bill of Sale (MV24), which captures the price, the year, make, model,
and VIN, and the parties' names, addresses, and signatures. It supplements the
assigned title; it does not by itself title or register the car.

Odometer disclosure by model year

Before executing any transfer document, § 61-3-206(1) requires the seller to
record the odometer reading on the title or furnish a signed statement with the
reading, date, parties, vehicle description, and an accuracy certification, and
§ 61-3-206(2) has the buyer sign to acknowledge it. The application must carry
that odometer statement (§ 61-3-216(2)(e)). Disclosure is not required for "a
2010 model year or earlier" vehicle, or a 2011-or-later vehicle "that is 20 years
old or older" (§ 61-3-206(4)); the MVD uses the Odometer Disclosure Statement
(MV90A) for 2011-and-newer vehicles.

The seller removes the plates

Montana plates follow the owner, not the car. Section 61-3-334 requires the
transferor, "upon the transfer of ownership," to "immediately remove the license
plates." The seller keeps the plates and can move them to another vehicle. There
is no report-of-sale form and, as the MVD notes, no need to "notify the County
Treasurer's motor vehicle office that you sold the vehicle." But the flip side is
that leaving the plates on the car can leave the seller exposed to later parking
or traffic liability, so removing them and keeping a record of the sale is the
seller's protection.

The buyer's 40 days, fees, and no sales tax

The buyer has 40 calendar days from the transfer to apply for a title and
register at the county treasurer or authorized agent in the buyer's county of
domicile (§§ 61-3-220(2)(c), 61-3-317(1), 61-3-303(1)). Montana levies no general
sales or use tax: § 61-3-317(1) lists what the new owner pays as "the
registration fees, fees in lieu of tax and other fees required by this chapter,
and local option taxes, if applicable," and § 61-3-303(6) sets the light-vehicle
"fees in lieu of tax or registration fees" under § 61-3-321 (age-based) plus any
local-option tax. Bring the assigned title, the MV1, the MV90A for a 2011-or-newer
vehicle, any MV37A lien release, photo ID, and proof of liability insurance. New
plates issue on registration (§ 61-3-303(5)(e)).

Inspection, insurance, and driving before you register

Two points govern driving rather than titling. First, Montana runs no statewide
periodic safety inspection and no emissions or smog test for an ordinary
passenger vehicle — registration under § 61-3-303 turns on the title
application, the fees, and insurance, not an inspection. Second, insurance is
mandatory: § 61-3-303(11) requires the treasurer to use the online verification
system to confirm the owner "has complied with the requirements of 61-6-301"
before issuing plates. Because the seller has removed the plates, the buyer may
not drive the car during the 40-day window unless a temporary registration
permit (§ 61-3-224) has been "issued for and is properly displayed" on the
vehicle (§ 61-3-317(1)).

What trips people up

  • Driving off on the seller's plates. The seller must remove them
    immediately (§ 61-3-334), and the buyer may not drive on the highways during
    the 40-day grace period without a displayed temporary permit (§ 61-3-317(1)).
    Plan to get a temporary permit or plates at the county treasurer.
  • Assuming the title must be notarized. A few county pages mention
    notarizing the signature, but statute and the state process do not require it
    for an ordinary paper-title sale — the MV24 form limits notarization to a
    bond/break title or an electronic transfer.
  • Missing the 40-day deadline. A late application costs a $10 penalty that
    must be paid before registration and on top of the other fees (§ 61-3-220(3)).
  • Cross-outs or white-out on the title. Complete every field in ink; erasures
    or correction fluid can void the assignment and force a duplicate title.

Common questions

Does the title have to be notarized in Montana?
No. Section 61-3-220 requires only the seller's assignment in the space on the
title, and the state bill-of-sale form limits notarization to a bond/break title
or an electronic transfer.

Is a bill of sale required?
Not by statute. The MVD recommends keeping a written record of the sale and
offers the official Bill of Sale (MV24), but the assigned title is the ownership
instrument.

How long does the buyer have, and is there sales tax?
The buyer has 40 days to title and register (§ 61-3-220(2)(c)). Montana charges
no sales tax — the buyer pays an age-based registration fee / fee in lieu of tax,
a title fee, and any local-option tax.

Can the buyer drive the car home right after signing?
Only with a temporary registration permit. The seller keeps the plates, and
§ 61-3-317(1) bars operating the vehicle during the grace period without a
displayed temporary permit.

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

Mont. Code Ann. § 61-3-220 · accessed 2026-07-23
Mont. Code Ann. § 61-3-201 · accessed 2026-07-23
Mont. Code Ann. § 61-3-206(1),(2),(4) · accessed 2026-07-23
Mont. Code Ann. § 61-3-216(2)(e) · accessed 2026-07-23
Mont. Code Ann. § 61-3-303(5),(6),(11) · accessed 2026-07-23
Mont. Code Ann. § 61-3-317(1),(2) · accessed 2026-07-23
Mont. Code Ann. § 61-3-334 · accessed 2026-07-23
Montana MVD — Tips for Selling a Vehicle · accessed 2026-07-23
Montana MVD — Bill of Sale (Form MV24) · accessed 2026-07-23
This page is general legal information about an ordinary private-party transfer of a currently titled used passenger vehicle, not legal advice about a sale, title defect, lien, tax, registration, or right to operate the vehicle. Dealer, salvage, rebuilt, bonded, lost-title, gift, inheritance, court-order, out-of-state, commercial-vehicle, vessel, trailer, and temporary-permit rules may differ. A bill of sale ordinarily does not replace the endorsed title, required disclosures, seller notice, buyer application, tax, fees, insurance, inspection, or registration. Agency forms and procedures can change without a statutory amendment; use the current official forms and ask the motor-vehicle agency or a qualified attorney about a disputed or high-value transfer.

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