Montana Quitclaim Deed

Part of our Montana recording requirements guide.

What Is the Realty Transfer Certificate?

Montana law requires a completed Realty Transfer Certificate (Form RTC) to accompany almost every deed submitted for recording. Under MCA § 15-7-305, a county clerk and recorder cannot accept a deed for recording without one. The certificate discloses the consideration (sale price) paid, and is used by the Montana Department of Revenue for property-tax and income-tax compliance — it is not a transfer tax, and Montana has no state or local real estate transfer tax.

Common point of confusion: even when your transfer qualifies for an exemption from disclosing the sale price (see below), the Realty Transfer Certificate form itself still has to be completed and filed with the deed. "Exempt from disclosure" does not mean "exempt from filing the form."

Getting the Form

The official Realty Transfer Certificate form and instructions are published by the Montana Department of Revenue:

Download Form RTC (PDF)  |  Dept. of Revenue RTC Program Page

When Is Sale-Price Disclosure Exempt?

Under MCA § 15-7-307, several categories of transfer are exempt from having to disclose the sale price on the certificate (the form itself is still required). Categories most relevant to quitclaim deeds include:

  • Gift transfers
  • Family transfers (spouse or parent-child) involving only nominal consideration
  • Transfers to a revocable living trust
  • Termination of a joint tenancy or life estate by death
  • Instruments that merely confirm, correct, modify, or supplement a previously recorded instrument without added consideration
  • Transfers from a decedent's estate
  • Transfers taking effect at death
  • Transfers by the United States, the State of Montana, or their instrumentalities
  • Court-decreed transfers, and tax, sheriff's, or bankruptcy sales

This is not the complete statutory list — see MCA § 15-7-307 or the Form RTC instructions for the full set of exemptions, and confirm your specific situation qualifies before filing.

Most Quitclaim Deeds Used for Gifting or Estate Planning Qualify

Quitclaim deeds are commonly used to add or remove a family member from title, transfer property into a trust, or settle an estate — situations that usually fall into one of the exemption categories above. That said, every transfer is different; if you're unsure whether yours qualifies, our Ask an Attorney service can help, or you can contact the county Clerk & Recorder's office directly.

← Back to Montana Recording Requirements