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Montana Warranty 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 Warranty Deed?
A Montana warranty deed transfers Montana real estate with broad deed-warranty protection. It is the customary starting point for many ordinary arm's-length sale, lender, title-insurance, and open-market transactions. The grantor signs before a notary, and the completed deed is recorded with the county clerk and recorder where the property is located.
When to Use a Warranty Deed in Montana
- Buying or selling residential or commercial Montana real estate in an ordinary sale transaction.
- Working with a title company, lender, or buyer who expects warranty-deed protection.
- Using the customary Montana deed path when the grantor is willing to give broad title covenants.
Montana Requirements for Warranty 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.
Warranty Deed vs Other Montana Deeds
A warranty deed provides broader title-warranty protection and is the usual Montana deed choice for many ordinary sale transactions. A quitclaim deed provides no deed warranties and is more often used for known-party, family, trust, or title-clearing transfers. A Montana grant deed is a valid limited-covenant deed under MCA § 70-20-304, but it is not the same 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
Do I need my spouse's signature on a Montana warranty 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.
Are there transfer taxes on a Montana warranty deed?
No. Montana has no state or local real-property transfer tax. County recording fees still apply, and the Form RTC remains a required recording companion.
Where do I record a Montana warranty deed?
Record the original notarized deed with the county clerk and recorder in the Montana county where the property is located.
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.
Does a warranty deed transfer my mortgage in Montana?
No. A deed transfers title to real property. It does not release the borrower from an existing mortgage or trust indenture, and lender consent may be required for an assumption, refinance, or other loan change.
"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.