Free Montana Quitclaim Deed Form

Montana does not have a statutory quitclaim deed form in its legislation. Instead, the Montana Judicial Branch has published an example Montana quitclaim deed form, which includes the following elements:

• The date of the transaction
• The grantor’s name and address
• The grantee’s name and address
• The legal description of the property, including its specific location as defined by county records
• Any funds or other property exchanged for the real estate named in the transfer
• A return address for the quitclaim deed

See an example of a Montana quitclaim deed to understand the details involved in a warranty-free property transfer. Then, write yours with Legal Templates’s guided form. Once you’re done, the final form will be available to download as a PDF or Word document.

Your Montana quitclaim deed should meet the following formatting requirements, as outlined in MT Code § 7-4-2636:

• Be legibly printed or typed on white paper that is either 8.5 x 11 inches or 8.5 x 14 inches
• Appear in blue or black ink
• Feature the names of the parties on the first or second page
• Have all signatures, initials, dates, or handwriting in blue or black ink
• Have at least a three-inch margin at the top of the first page
• Have at least a one-inch margin at the top of the second and any subsequent pages
• Have at least a one-inch margin on the bottom of each page
• Have at least a 0.5-inch margin on the sides of each page
• Include the name and mailing address of the person to whom the document is to be returned in the upper left-hand corner of the first page

If your Montana quitclaim deed fails to meet these requirements, you can still record it, but you’ll be subject to an additional $10 fee (MT Code § 7-4-2637).

Filing a quitclaim deed in Montana requires completing the form accurately, signing it properly, and recording it with the County Clerk and Recorder’s office. Taking the right steps helps ensure a smooth property transfer.

Step 1 – Understand Property Titling

When there is more than one grantee, the property can be titled in different ways on a Montana quitclaim deed. The default way is “tenants in common,” meaning that each grantee owns a specific share of the property. Under this structure, shares do not have to be equal, and each owner can sell or transfer their share independently.

If you prefer a different titling structure, you must specify it on your Montana quitclaim deed. Another option is joint tenancy with right of survivorship. This means that all grantees have an equal share in the property. If one grantee dies, their share automatically passes to the surviving grantees.

Step 2 – Fill Out Your Montana Quitclaim Deed Form

Fill out your Montana quitclaim deed, ensuring you provide all relevant information. Legal Templates’s questionnaire guides you through the process to help you complete the form accurately.

When filling out the legal description, refer to the original property deed. If you don’t have it, you can get it from your local County Clerk and Recorder’s office. Browse the list of Montana county websites to find your county’s contact details.

As an alternative source, Montana Cadastral offers an online mapping and land ownership database with detailed land descriptions.

Step 3 – Complete the Realty Transfer Certificate

Per MT Code § 15-7-305, you must complete a Realty Transfer Certificate alongside your Montana quitclaim deed. The Montana Department of Revenue uses this form to change the name on ownership records for the taxation and assessment of real property.

The Realty Transfer Certificate also includes a Water Right Disclosure, which the grantor must sign, so the parties know the water rights situation (MT Code § 85-2-424).

Step 4 – Visit a Notary

Do not sign or date the quitclaim deed as you fill it out. MT Code § 70-21-203 requires that the quitclaim deed be notarized. To notarize a legal document, the notary will require you to sign and date it in their presence.

Step 5 – File Your Deed

Once you have had the document notarized, you can take it to your County Clerk and Recorder’s office (MT Code § 7-4-2611). You should visit the county where the property is located, even if that is different from the county where you live and work, to ensure that the document is filed properly (MT Code § 7-4-2613(1)(a), MT Code § 70-21-208).

Make any necessary copies of the document, including one for all parties involved in the transfer. Having copies on hand will provide you with proof of the transfer if something is lost or does not go through properly. Plan to pay any fees related to the property transfer as you file the document.

Can I Reverse a Quitclaim Deed After It’s Filed?

Once you file a Montana quitclaim deed with the County Clerk and Recorder’s office, it cannot be revoked unilaterally.

If you change your mind about the transfer, you would need to execute a new deed transferring the property back to the original owner or to a new grantee. This process will involve the same steps as the initial transfer, including notarization and filing.

There are several fees to take into account when transferring property in Montana. Both the grantor and the grantee can face tax implications in addition to the fees assessed for the property. Consult a tax professional if you have questions about your financial obligations.

Filing Fees

Montana charges a $20 fee for the first page of your quitclaim deed and a $10 fee for each subsequent page (MT Code § 7-4-2637). If you have a nonstandard document that does not meet the margin, ink color, and paper size requirements, you can expect to pay an additional $10 fee.

Taxes

Properly assessing tax implications can ensure that the real estate transfer process goes smoothly and that you do not run into expensive fees later.

1. Documentary Transfer Tax

While many states require a documentary transfer tax in order to legally transfer property, Montana does not have a real estate transfer tax. In fact, state law prohibits a tax on the transfer of real property, including by quitclaim deed.

2. US Gift Tax

Form 709 reports any large gifts given, including property transfers. The gift tax is assessed on any gift given to another party without the expectation of similar value in return.

The gift tax applies when the grantor gifts the property directly to the grantee and when the grantor may not charge the full purchase price to the grantee. For example, a parent who sells a property to a child may require the child to pay only a small percentage of the property’s value. In that case, a gift tax (while accounting for the annual exclusion amount) would be due on the extra value of the property.

3. Capital Gains Tax

A capital gains tax is assessed when a property is sold for more than its original purchase price. Real estate values often increase over the time the property is held. When the owner sells the property, they may net a considerable profit. Capital gains taxes would be assessed on the sale price over the initial price of the property.

The IRS does allow some exemptions to the capital gains tax, including cases in which the owner of the property has lived in that property as their primary residence for at least two out of the last five years.