Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — MONTANA

TABLE OF CONTENTS

1. Instructions and Overview
2. Transfer-on-Death Deed Form
3. Revocation of Transfer-on-Death Deed
4. Recording Requirements
5. Multiple Beneficiaries
6. Effect at Transferor's Death
7. Liens, Mortgages, and Encumbrances
8. State-Specific Notes
9. Sources and References

1. INSTRUCTIONS AND OVERVIEW

Checklist — Before Recording:

☐ Transferor has verified legal ownership of the property

☐ Legal description has been verified against the current deed of record

☐ Geocode or property identifier has been confirmed

☐ All beneficiaries are identified by full legal name

☐ Deed has been reviewed by a licensed Montana attorney

☐ Deed has been acknowledged before a notary public

☐ Deed will be recorded with the county clerk and recorder where the property is located

☐ Transferor understands the deed is revocable and has no effect until death

☐ Transferor understands existing liens and mortgages remain effective

☐ Realty Transfer Certificate considerations reviewed (MCA § 15-7-305)

2. TRANSFER-ON-DEATH DEED FORM

TRANSFER-ON-DEATH DEED

Pursuant to the Montana Uniform Real Property Transfer on Death Act
MCA §§ 72-6-401 to 72-6-418

Return recorded document to:
[________________________________]
[________________________________]
[________________________________]

Property Address:
[________________________________]
[________________________________]

Geocode / Property ID: [________________________________]

NOTICE

THIS TRANSFER-ON-DEATH DEED DOES NOT TRANSFER OWNERSHIP OF THE PROPERTY UNTIL THE TRANSFEROR'S DEATH. THE TRANSFEROR RETAINS FULL POWER AND AUTHORITY OVER THE PROPERTY DURING HIS OR HER LIFETIME. THIS DEED IS REVOCABLE.

TRANSFEROR INFORMATION

I, [________________________________] ("Transferor"), of [________________________________] (city/town), County of [________________________________], State of Montana, being the owner of the real property described below, hereby make this Transfer-on-Death Deed pursuant to MCA § 72-6-404.

Date of Birth: [__/__/____]
Marital Status: [________________________________]

BENEFICIARY DESIGNATION

I designate the following individual(s) to receive the described real property, effective upon my death:

Primary Beneficiary(ies):

Alternate Beneficiary (if all primary beneficiaries predecease Transferor):

Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

PROPERTY DESCRIPTION

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of Montana, and is more particularly described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Geocode / Property ID: [________________________________]

Being the same property conveyed to the Transferor by deed recorded in Book [____], Page [____] (or Document No. [________________________________]), in the Office of the Clerk and Recorder of [________________________________] County, Montana.

TRANSFER-ON-DEATH DESIGNATION

Pursuant to the Montana Uniform Real Property Transfer on Death Act (MCA §§ 72-6-401 to 72-6-418), I hereby designate this deed as a Transfer-on-Death Deed. This deed shall transfer my interest in the above-described real property to the designated Beneficiary(ies) effective upon my death, subject to all conveyances, encumbrances, and liens of record at the time of my death.

I understand and acknowledge that:

1. This deed has no effect until my death (MCA § 72-6-410).
2. I retain full ownership and control of the property during my lifetime.
3. I may revoke this deed at any time before my death (MCA § 72-6-407).
4. The beneficiary receives no interest in the property until my death.
5. This deed does not require delivery to or acceptance by the beneficiary.
6. This deed is nontestamentary (MCA § 72-6-402).
7. The property transfers subject to all existing encumbrances at my death (MCA § 72-6-412).

TRANSFEROR'S SIGNATURE

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF MONTANA
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she/they executed the same voluntarily for the purposes therein contained.

Witness my hand and official seal.

Notary Public: ________________________________________
Residing at: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

3. REVOCATION OF TRANSFER-ON-DEATH DEED

Under MCA § 72-6-407, a TOD deed may be revoked by:

Method 1: Instrument of Revocation

☐ Execute and acknowledge a written revocation instrument

☐ Record the revocation with the county clerk and recorder

Method 2: Subsequent TOD Deed

☐ Execute a new TOD deed for the same property

☐ Record the new TOD deed (this revokes the prior deed to the extent of inconsistency)

Method 3: Inter Vivos Transfer

☐ Convey the property to another person during your lifetime by recorded deed that expressly revokes the TOD deed

4. RECORDING REQUIREMENTS

5. MULTIPLE BENEFICIARIES

• Multiple beneficiaries hold as tenants in common unless the deed specifies otherwise
• To create a joint tenancy with right of survivorship, the deed must expressly state this
• If a beneficiary predeceases the transferor, that share lapses unless an alternate is designated
• Montana's survivorship requirements under MCA § 72-2-712 may apply (120-hour survival)

6. EFFECT AT TRANSFEROR'S DEATH

Under MCA § 72-6-412:

• The property transfers to the designated beneficiary(ies) upon the transferor's death
• Transfer is subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances existing at the time of death
• The beneficiary takes subject to any claims against the transferor's estate if other assets are insufficient
• The property is NOT subject to the transferor's will (the TOD deed controls)

7. LIENS, MORTGAGES, AND ENCUMBRANCES

The TOD deed does NOT eliminate any existing obligations on the property:

☐ Outstanding mortgages and deeds of trust remain in effect

☐ Property tax liens continue to encumber the property

☐ Judgment liens against the transferor survive the transfer

☐ Mechanic's liens and other statutory liens remain effective

☐ HOA assessments and covenants continue to apply

☐ State and county tax liens remain effective

8. STATE-SPECIFIC NOTES

Homestead Exemption

• Montana provides a homestead exemption of up to $350,000 (MCA § 70-32-104)
• The TOD deed does not affect the homestead exemption during the transferor's lifetime
• Montana's homestead exemption is among the most generous in the nation

Montana Estate Tax

• Montana does NOT impose a state estate tax
• Federal estate tax rules still apply

Medicaid / Montana Medicaid

• Montana Medicaid estate recovery may apply to property transferred by TOD deed after the transferor's death
• A TOD deed does NOT protect property from Medicaid estate recovery
• MCA § 53-6-171 governs Medicaid estate recovery in Montana
• Consult an elder law attorney for Medicaid planning

Dual Statutory Framework

• Montana has both the URPTODA (MCA §§ 72-6-401 to 72-6-418) and the legacy beneficiary deed statute (MCA § 72-6-121)
• The beneficiary deed under § 72-6-121 requires recording before the death of the owner and is subject to all encumbrances made during the owner's lifetime
• Either statute may be used; consult with an attorney about which is preferable

Realty Transfer Certificate

• MCA § 15-7-305 may require a Realty Transfer Certificate when recording certain real property instruments
• Check with the county clerk and recorder regarding applicability to TOD deeds

Water Rights

• Montana water rights may be appurtenant to real property
• Consider whether water rights are included in the TOD deed transfer
• Consult with a Montana water rights attorney if applicable

9. SOURCES AND REFERENCES

• MCA §§ 72-6-401 to 72-6-418 (Montana Uniform Real Property Transfer on Death Act): archive.legmt.gov
• MCA § 72-6-415 (Optional Statutory Form): mca.legmt.gov
• MCA § 72-6-121 (Legacy Beneficiary Deed): archive.legmt.gov
• MCA § 70-32-104 (Homestead Exemption): mca.legmt.gov
• MCA § 15-7-305 (Realty Transfer Certificate): mca.legmt.gov

This template is provided for informational and educational purposes only. It does not constitute legal advice. Consult a licensed Montana attorney before executing any estate planning document.

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