Can you use a transfer-on-death deed in Montana?

Yes. In Montana, an owner may pass Montana real estate at death by a transfer on death deed that has the formalities of a recordable deed, states that the transfer happens at the owner’s death, and is recorded with the county clerk and recorder before the owner dies; the deed stays revocable. Part 4 of chapter 6 is Montana’s Uniform Real Property Transfer on Death Act. The deed takes effect without notice to, delivery to or acceptance by the beneficiary during the owner’s life, and without consideration. This is Mont. Code Ann. §§ 72-6-404, 72-6-405, 72-6-408, 72-6-409.

WhatMontana
Transfer-on-death deedAllowed; record before death

Source

Mont. Code Ann. §§ 72-6-404, 72-6-405, 72-6-408, 72-6-409

Read the statute in the Montana Code Annotated (Montana Legislature): leg.mt.gov.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.

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