Montana Heirs’ Deeds: Conveying Interests and Recording Steps

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Detailed Answer

When a decedent’s estate in Montana is probated and heirs receive title to real property, they must execute a deed to transfer their fractional interests. Under Montana law, there are two common deed types in this context:

1. Personal Representative’s Deed (sometimes called an “Executor’s Deed”):

   If the decedent’s will appoints a personal representative (executor) and the court issues Letters Testamentary, that representative may convey estate property. The deed must:

   • Be titled “Personal Representative’s Deed.”
   • Include a legal description of the property.
   • Return consideration paid by the purchaser (even if nominal).
   • Be signed by the personal representative and notarized.

   This method is authorized by Mont. Code Ann. § 72-3-718, which permits a personal representative to convey estate real property under a written conveyance document.
   (MCA § 72-3-718)

2. Heir’s Quitclaim Deed:If heirs hold title in severalty or tenants in common after probate distribution, they often use a quitclaim deed to convey their undivided shares. A quitclaim deed:
   • Is titled “Quitclaim Deed” and may note “Heir’s Deed” in the caption for clarity.
   • States grantor (heir) conveys any interest held “hereby quitclaims.”
   • Contains the full legal description.
   • Is signed, notarized, and dated by each heir-grantor.

Recording the Deed

After execution, the deed must be recorded in the county where the property lies. Follow these steps:

1. Prepare the deed in duplicate, including the full legal description and notary acknowledgment.
2. Attach a Certified Copy of Letters Testamentary or Letters of Administration (if using a Personal Representative’s Deed).
3. Complete the Montana Real Property Transfer Certificate (Form CLT-23).
4. Submit the documents to the county Clerk and Recorder with the appropriate recording fee (varies by county).
5. Ensure the recorder stamps or machine-imprints recording information (book and page or document number) on the original deed.

Under Mont. Code Ann. § 56-3-302, the county recorder must accept a properly acknowledged deed with required attachments.
(MCA § 56-3-302)

Helpful Hints

• Confirm whether probate is required. In small estates, Montana’s small estate affidavit procedure may avoid full probate.
• Check county-specific recording requirements and fee schedules on the county clerk’s website.
• Verify the exact legal description on the current recorded deed before drafting a new deed.
• Include a clear “chain of title” reference: cite the volume and page (or document number) where the decedent’s title appears.
• Consider a title insurance endorsement after recording to protect the new owner against unseen defects.