Montana Renunciation and Disclaimer of Joint Tenant or Tenancy Interest - Montana 2025

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  1. Click ‘Get Form’ to open the Montana Renunciation and Disclaimer of Joint Tenant Interest in the editor.
  2. Begin by filling in your name, address, and phone number at the top of the form. This information identifies you as the surviving joint tenant.
  3. In Section I, clearly state your intention to disclaim any interest in the property due to the death of the decedent. Ensure you include their name and date of death in Section II.
  4. Proceed to Section IV where you must specify the property in question. Be precise to avoid any legal complications.
  5. Review Sections V and VI carefully, as they outline your legal rights regarding the renunciation. Confirm that you understand these provisions before proceeding.
  6. Finally, sign and date the document at the bottom. Make sure to have it acknowledged by a notary public as indicated in Section VII.

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Lack of control: Each joint tenant has equal rights, which means one party can force a sale or take out loans against the property. Unintended tax consequences: In California, joint tenancy can lead to unfavorable property tax reassessments or lost step-up in basis benefits.
Joint Tenancy Joint tenancy with right of survivorship is a form of co-ownership in which two or more persons own the same property subject to the other joint tenants ownership right. When a joint tenant dies, his or her economic interest automatically passes to any surviving joint tenant or tenants.
Avoid Probate: The primary benefit of owning property as joint tenants with the right of survivorship is to avoid probate. Probate is a costly and time-consuming court process used to distribute the assets of a deceased person to their heirs.
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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.

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