A Montana transfer on death deed (TODD) is a document that transfers a decedent’s real estate to a beneficiary outside of probate. Probate is the court process of distributing a deceased person’s estate, which can be a long and costly process. By recording a TODD, the property owner ensures that their real estate will be transferred to their chosen beneficiary without any legal complications. During their lifetime, the owner is free to transfer or sell the property or revoke the deed as they choose. At the time of their death, their interest in the property will be transferred to the beneficiary as-is, with any liens, mortgages, or other encumbrances that may be attached to the title.
- Statutes: § 72-6-415
- Formatting: § 7-4-2636, § 72-6-408
- Signing Requirements (§ 70-21-203): Notary Public
- Where to Record: County Clerk and Recorder
- Recording Fees (§ 7-4-2637): $8/page
- Realty Transfer Certificate (§ 15-7-305): The owner must complete this form and file it with the deed.