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Commonly Asked Questions about Montana Warranty Deeds

MSU Extension has two educational resources describing who receives a deceaseds real and personal property under Montana intestacy statutes. When real property is owned in joint tenancy with right of survivorship, it passes automatically to the surviving joint tenant upon death of one of the joint tenants.
Under the right of survivorship, each tenant possesses an undivided interest in the whole estate. When one tenant dies, the tenants interest disappears and the others tenants shares increase proportionally and obtain the rights to the entire estate.
A Montana deed is a legal document used to transfer land and real estate in the State of Montana. The deeds must have the name and address of the grantor and grantee as well as the legal description of the property being transferred. In addition, a notary must sign an acknowledgment that the deed was properly signed.
Summary If a deceased person owned real property as a joint tenant with right of survivorship with another individual, or possessed real property in a life state as a life tenant, the Montana legislature has provided a way for their survivors to update the public record of ownership.
The three right of survivorship deeds are: joint tenancy, tenancy by the entirety, and community property. We explain each of these deed types in detail below.
The Spouses Share in Montana. In Montana, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you dont, then your spouse inherits all of your intestate property.
Recording This form must be filed with the County Clerk and Recorders Office in the jurisdiction where the land is located (See County Website List). Signing A quit claim deed that is filed in Montana must be witnessed by a Notary Public upon the signature(s) of the Grantor(s).
The grantor must sign a quitclaim deed and acknowledge it before a notary public. The grantor then records the deed with the Clerk and Recorder in the county where the real property is located. Recording a quitclaim deed provides notice to all subsequent mortgagees and purchasers there is a new owner of the property.