Montana QuitClaim Deed

Transfer Montana Property the Way the Clerk and Recorder Expects

A Montana quitclaim deed transfers whatever ownership interest you hold in real estate to another person or entity — a corporation, trust, or LLC — quickly and simply, without the extra steps a warranty deed requires. Montana's 56 county Clerk and Recorder offices will only accept one that meets specific state formatting rules, and every deed must be filed with a completed Realty Transfer Certificate — a step several other states don't require at all.

Need help filling out your quitclaim deed? See our simple step-by-step instructions here.

What a Montana Deed Needs to Get Recorded

A typical quitclaim deed has three key sections, each tied to a specific statutory requirement:

Top Section: At least 3 inches of blank space for the recorder's stamp, plus the return-mailing address in the upper-left corner — both required by Montana law.
Middle Section: The legal description and both parties' names, which must appear on the first or second page — not buried in an attached exhibit.
Bottom Section: Notarization before a notary physically located in Montana, per the state's Uniform Law on Notarial Acts.

Grantor and Grantee, Quickly

The terms grantor and grantee come up constantly and are easy to mix up:

Grantor: The individual transferring ownership rights, and who typically completes the Realty Transfer Certificate.
Grantee: The individual receiving those rights, who has the strongest interest in getting the deed recorded quickly.

Think of “grantor” as the one who gives, and “grantee” as the one who receives.

Why a Quitclaim Deed, Specifically, in Montana?

Montana charges no state or local real property transfer tax, so recording a deed here means paying only a flat recording fee per page rather than a percentage of the property's value — what you pay depends on how long your document is, not what the property is worth. There's also a surcharge if the formatting doesn't meet the state standard, so it pays to get the formatting right the first time. The current amounts are set by statute, and your county Clerk and Recorder publishes them. What Montana does require is the Realty Transfer Certificate on every filing, even transfers exempt from disclosing a sale price. Once your deed is complete, it's recorded with the Clerk and Recorder in the county where the property sits; each of Montana's 56 counties has its own office, and a few layer on additional formatting rules beyond the statewide standard.

Common Scenarios for Using a Quitclaim Deed

Transferring Property into a Living Trust: Moving property into a revocable living trust is a common estate-planning step — it lets your family avoid probate on that property later. Because trust funding is its own exemption category under Montana's Realty Transfer Certificate statute, you won't need to disclose a sale price; the RTC form is still required, just without that field.
Divorce: During a divorce, property transfers can be complex. A quitclaim deed can simplify the process when:
- One name must be removed from the title.
- Both names are on the mortgage, requiring additional steps like refinancing or selling the property.
Name Corrections: Correcting misspelled names, adding or removing middle initials, or updating a title after marriage or divorce are other common uses.

How to Get Started