Montana Transfer-on-Death Deed
Pass your home, ranch, or land directly to your beneficiaries without probate. A Montana TOD deed lets you keep full ownership during your lifetime and transfer real property automatically at death — no court proceedings, no delays. Included in our Ranch & Land package starting at $599.
What Is a Transfer-on-Death Deed?
A transfer-on-death (TOD) deed is a legal document that lets you name a beneficiary who automatically inherits your real property when you die — without going through probate. Unlike a traditional deed, a TOD deed does not transfer ownership during your lifetime. You remain the sole owner with full control over the property until your death.
Montana adopted the Uniform Real Property Transfer on Death Act in 2009, codified at MCA 72-6-121 through 72-6-133. Under this law, any Montana property owner can execute a TOD deed to pass real property directly to one or more beneficiaries. The deed must be signed, notarized, and recorded with the county clerk and recorder during the owner's lifetime to be valid.
One of the biggest advantages of a TOD deed is flexibility. You can revoke or change the beneficiary at any time by recording a new deed or a revocation instrument. You can sell, mortgage, or lease the property without the beneficiary's knowledge or consent. The beneficiary has no legal interest in the property until you pass away — making it a low-risk, high-impact estate planning tool for Montana landowners.
How TOD Deeds Work in Montana
Under the Montana Uniform Real Property Transfer on Death Act (MCA 72-6-121), here is how a TOD deed works from execution to transfer.
Execute the Deed
Prepare and sign a transfer-on-death deed naming one or more grantee beneficiaries who will receive the property at your death.
Record with the County
File the executed TOD deed with the clerk and recorder in the county where the property is located. The deed is not effective unless recorded during your lifetime.
Nothing Changes During Your Lifetime
You retain full ownership, control, and use of the property. You can sell it, mortgage it, or lease it without the beneficiary's consent.
At Death, Beneficiary Claims Title
After your death, the beneficiary files a certified death certificate and an affidavit with the county clerk and recorder to claim title. No probate court involved.
Every TOD deed prepared by Montana Will & Trust is drafted by a Montana attorney, properly notarized, and ready for recording with your county clerk and recorder.
What Property Can a TOD Deed Cover?
A Montana TOD deed can be used for any real property located in the state. Common uses include:
A TOD deed covers only real property. For bank accounts, brokerage accounts, and other financial assets, you would use payable-on-death (POD) or transfer-on-death (TOD) designations with your financial institution. For a comprehensive approach covering all asset types, consider a Montana revocable living trust.
TOD Deed vs. Living Trust for Real Property
Both avoid probate for real property, but they serve different needs. Here's how they compare under Montana law.
| Feature | TOD Deed | Living Trust |
|---|---|---|
| Avoids probate | Yes | Yes |
| Cost | Lower (per-property) | Higher (but covers all assets) |
| Covers multiple properties | Separate deed per property | One trust covers all |
| Covers non-real-property assets | No | Yes |
| Incapacity planning | No | Yes |
| Privacy | Recorded publicly | Private |
| Revocable | Yes | Yes |
| Complexity | Simple | More comprehensive |
Not sure which approach is right for your property? See how it works to get a personalized recommendation.
Protect Your Montana Property from Probate
Our Ranch & Land package includes up to 3 Transfer-on-Death Deeds — alongside your will or trust, power of attorney, and healthcare directive. Starting at $599.
Complete Your Montana Estate Plan
Montana Wills
Create a Montana-compliant last will and testament to name guardians, distribute assets, and simplify probate.
Montana Trusts
Avoid probate entirely and keep your estate private with a Montana revocable living trust.
Homestead Declaration
Protect up to $350,000 of your home equity from creditors with a Montana homestead declaration.
Montana TOD Deed FAQ
Common questions about Transfer-on-Death Deeds in Montana.