Deed Transferring Real Property into Living Trust - Montana

Prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________], Trustee
[____________________________________]

Geocode / Assessor Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR CLERK AND RECORDER USE

GRANT / QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Montana

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / married persons], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (collectively, the "Trustee"), whose mailing address is [____________________________________].

This conveyance vests the whole estate conveyed in the Trustee, subject to the Trustee's duties, under Mont. Code Ann. § 72-38-1111(2). A successor trustee may convey the vested estate; the successor's identity may be established by a recorded affidavit stating the successor's name and address, the date and circumstances of succession, and that the successor is lawfully serving (§ 72-38-1111(6), (8)). The Property shall be held, administered, and distributed according to the [TRUST NAME] dated [__/__/____] (the "Trust") and any amendments to it.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership. The consideration is nominal — One and No/100 Dollars ($1.00) and other good and valuable consideration — the Grantor being the settlor and a lifetime beneficiary of the Trust. This is a transfer to a revocable living trust, not a sale, purchase, or exchange.

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt of which is acknowledged, does hereby GRANT AND CONVEY unto the Trustee, as Grantee, and the Grantee's successors in trust and assigns, the following described real property (the "Property") situated in [____________] County, Montana:

Property commonly known as: [STREET ADDRESS, CITY, MONTANA, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, water rights (subject to the disclosure in Section 8), and appurtenances belonging to it, unto the Trustee and the Trustee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any mortgage, trust indenture, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; TAX CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Property-tax enrollment. The Montana Department of Revenue currently permits a principal residence owned by a revocable grantor trust to qualify for the Homestead Reduced Rate when the occupant is the grantor and meets the program requirements. Because a deed changes record ownership, confirm the current enrollment or update requirement with the Department / county after recording.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity in writing, with the title insurer before recording.

7. REALTY TRANSFER CERTIFICATE; TAX CAUTION; GARN-ST GERMAIN

7.1 RTC required. A Realty Transfer Certificate (Form RTC) must be filed with the county Clerk and Recorder when this deed is presented for recording (Mont. Code Ann. § 15-7-305). The Clerk and Recorder may not accept the deed for recordation until the certificate is received. The RTC is a confidential tax document used to update ownership and collect transfer information; the current form separately warns that any taxable gain is Montana-source income.

7.2 RTC exception — transfer to a revocable trust (Mont. Code Ann. § 15-7-307; current Form RTC Part 5). Check the transfer to a revocable living trust box in Part 5. The current form directs the preparer not to complete Part 6 sale information when a Part 5 exception applies. If unsure whether the exception applies, request a determination from the local Department of Revenue field office.

7.3 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The Grantor remains personally liable on any existing note.

8. WATER RIGHT DISCLOSURE (Mont. Code Ann. § 85-2-424)

Check the applicable statement regarding water rights appurtenant to the Property:

☐ A. Public supply. The Property is served by a city, irrigation district, water district, water users association, or other public water supplier.

☐ B. No DNRC rights. The Grantor has no water rights on record with the DNRC to transfer.

☐ C. All rights transfer. The Grantor is transferring all water rights on record with the DNRC that are appurtenant to the Property.

☐ D. Rights divided or severed. The Grantor is dividing or severing water rights as follows: [____________________________________]. Complete the current DNRC Form 640 and any recorded reservation or severance instrument required for this selection.

9. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey (if applicable)

10. NOTARY ACKNOWLEDGMENT (Montana — Mont. Code Ann. § 1-5-610)

This instrument was acknowledged before me on [__/__/____] by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]].

____________________________________
Notary Public for the State of Montana
Printed name: ______________________
Residing at: ________________________
My commission expires: ______________

(Affix notarial seal)

11. RECORDING AND FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the county Clerk and Recorder of [____________] County, Montana — the county where the Property lies (Mont. Code Ann. § 70-21-208).
2. Realty Transfer Certificate (Form RTC) is mandatory. Submit a complete RTC with the deed (Mont. Code Ann. §§ 15-7-304 and 15-7-305). Check the transfer to a revocable living trust exception in Part 5 so Part 6 sale-price information is not completed (Mont. Code Ann. § 15-7-307). Complete Part 7 as described in Section 8. The current Form RTC warns that filing an inaccurate or incomplete form may result in a fine of up to $500, up to six months in jail, or both (Mont. Code Ann. § 15-7-310).
3. Acknowledgment required. The deed must be acknowledged before a notary before it is recorded (Mont. Code Ann. § 70-21-203).
4. Fees and taxes. Pay the recording fee charged by the Clerk and Recorder. Confirm any Montana or federal income-tax consequence of the transfer with tax counsel; the RTC is not a tax-clearance certificate.
5. Update collateral records. After recording: (a) confirm classification/exemptions with the Montana Department of Revenue / county; (b) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (c) update DNRC water-right ownership records if water rights transfer; (d) provide a recorded copy and a certification of trust (Mont. Code Ann. § 72-38-1013) to the title company.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block with the recorded plat and certificate of survey (COS) number, metes-and-bounds, or government survey (section, township, range). Include the geocode/parcel number. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Mont. Code Ann. §§ 70-20-101, 70-20-103, 70-20-304 — written conveyance, statutory grant form, and limited implied grant covenants
• Mont. Code Ann. §§ 70-21-201, 70-21-203, 70-21-208, 70-21-302 — recordability, acknowledgment, county situs, and constructive notice
• Mont. Code Ann. §§ 1-5-602 and 1-5-610 — acknowledgment definition and short-form certificate
• Mont. Code Ann. §§ 15-7-304, 15-7-305, 15-7-307, 15-7-310 — RTC reporting, recording gate, exceptions, and penalty
• Mont. Code Ann. § 85-2-424 — water-right disclosure and public-supply exception
• Mont. Code Ann. §§ 72-38-1013 and 72-38-1111 — certification of trust and real-property transactions involving trustees
• Mont. Code Ann. § 40-2-202 — married owner's authority over individual property
• 12 U.S.C. § 1701j-3(d)(8) — qualifying inter vivos trust transfer; residential property with fewer than five units
• Montana Department of Revenue — Realty Transfer Certificates
• Montana Department of Revenue — current Form RTC (version 4, December 2025)
• Montana Department of Revenue — Homestead Reduced Rate FAQs

This document is provided for informational purposes only and does not constitute legal advice. A complete Realty Transfer Certificate must accompany the deed, and the current form requires the applicable Part 7 water-right selection. Consult a licensed Montana attorney before executing or recording this deed.