PublicLegal Deed Form – Only $9.99
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Montana Grant Deed
PublicLegal-authored self-help deed form.
Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.
Montana recording note.
Montana deed recordings require a Realty Transfer Certificate (Form RTC) to be filed with the county clerk and recorder. Montana has no state or local real-property transfer tax, but recording fees apply. A married person's homestead generally must be executed and acknowledged by both spouses; non-homestead or separate property can differ. If water rights are divided, severed, reserved, or exempted, a DNRC Form 640 may also be required.
What Is a Montana Grant Deed?
A Montana grant deed is a valid limited-covenant deed. Under MCA § 70-20-304, the word "grant" implies only the statutory covenants that the grantor has not previously conveyed the same estate and that the estate is free from encumbrances at the time of execution that were done, made, or suffered by the grantor or a person claiming under the grantor. It does not imply a full warranty of title.
When to Use a Grant Deed in Montana
- Using a limited-covenant Montana deed when that warranty scope is intended and understood.
- Completing a commercial, known-party, title-insured, or other transaction where a limited-covenant deed is specifically requested.
- Choosing a valid alternative to a warranty deed when full warranty protection is not intended.
Montana Requirements for Grant Deeds
- Signing: The grantor signs the deed. If the property is a married person's homestead, both spouses generally must execute and acknowledge the deed. A married person may convey non-homestead or separate property alone.
- Notarization: The grantor's signature must be acknowledged before a notary or other authorized officer before recording.
- Witnesses: Montana does not require witnesses for an ordinary notarized deed.
- Recording: Record the deed with the county clerk and recorder in the Montana county where the property is located.
- Realty Transfer Certificate: A Montana Realty Transfer Certificate (Form RTC) must be filed with the clerk and recorder when the deed is recorded. Price-disclosure exceptions may apply to some transfers, but the RTC filing requirement still matters for ordinary deed recording.
- Water Rights: If water rights are divided, severed, reserved, or exempted, a DNRC Form 640 may also be required.
- Transfer Tax / Recording Fees: Montana has no state or local real-property transfer tax. County recording fees still apply.
- Legal Description: Use the complete legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or tax parcel number alone is usually not enough.
Grant Deed vs Warranty Deed in Montana
A Montana grant deed gives more limited statutory covenants than a warranty deed. Warranty deeds are the customary starting point for many ordinary arm's-length sale, lender, and title-insurance transactions. A grant deed can be appropriate when limited-covenant treatment is specifically intended, but it should not be treated as a full warranty deed.
Montana Recording Notes
Montana deeds are recorded at the county level. Formatting rules, legal-description requirements, homestead facts, water-rights issues, and supplemental forms can affect recordability. Confirm current county recording details and required supplemental forms before relying on a completed deed.
Frequently Asked Questions
Is a grant deed common in Montana?
A Montana grant deed is valid and statutorily grounded, but a warranty deed is the customary deed for many ordinary arm's-length sale and title-insurance transactions. Use a grant deed when limited-covenant treatment is specifically intended.
What is the difference between a Montana grant deed and a warranty deed?
A grant deed carries only the limited covenants implied by MCA § 70-20-304. A warranty deed gives broader warranty protection and is usually the more customary sale-deed path in Montana.
Does a Montana grant deed clear title defects?
No. A grant deed does not clear existing title defects. The statutory covenant is limited to the grantor's prior conveyance and certain encumbrances at the time of execution done, made, or suffered by the grantor or someone claiming under the grantor.
Do I need my spouse's signature on a Montana grant deed?
If the property is a married person's homestead, both spouses generally must execute and acknowledge the deed. A married person may convey non-homestead or separate property alone, but homestead and marital-title facts should be checked carefully.
What is the Montana Realty Transfer Certificate?
The Realty Transfer Certificate, or Form RTC, is a Montana Department of Revenue form filed with the clerk and recorder when a deed is recorded. It is a mandatory recording companion for ordinary deed recordings, even when a transfer qualifies for a price-disclosure exception.
Is this an official Montana recorder form?
No. This is a PublicLegal-authored self-help deed form, not an official Montana recorder or government form. Montana does require the separate Realty Transfer Certificate (Form RTC) when the deed is recorded.
"What does ILRG guarantee?"
ILRG provides self-help deed forms and download support. PublicLegal-authored deed forms are provided for customers to complete with their own transaction information. Deed recording requirements, supplemental forms, transfer taxes, title-company practices, and legal suitability vary by jurisdiction and transaction. If you are not 100 percent satisfied after purchasing from us, contact us for a refund.