Detailed Answer

This FAQ explains, under Montana law, the common steps owners or heirs take to re-record or update title after co-owners who held property as joint tenants with right of survivorship die. This is general information—not legal advice. Laws and local procedures vary. Consult a Montana attorney or your county clerk/recorder for case-specific guidance.

Does survivorship automatically transfer title?

When property is held as joint tenants with right of survivorship, ownership commonly passes automatically to the surviving joint tenant(s) at the moment of death. If the deed explicitly created a survivorship interest, the surviving owner typically owns the property outright without probate. However, even when title passes automatically, the county records may still show the deceased owner’s name until a new deed or evidentiary documents are recorded.

Typical steps to re-record or update a joint survivorship deed in Montana

1. Confirm how the original deed was written and whether survivorship applies.

   Obtain a copy of the recorded deed from the county clerk and recorder or the title company. Look for language such as “joint tenants with right of survivorship” or “with survivorship” or similar phrasing. If the deed is ambiguous, a title search or lawyer’s review can determine whether survivorship was created or whether the interest was tenancy in common (which does not carry survivorship).

2. Get certified copies of the decedent’s death certificate(s).

   Recording offices normally require a certified death certificate to show that a joint tenant has died. In Montana, request certified copies from the Montana Department of Public Health and Human Services, Vital Records (or the local health jurisdiction). Keep multiple certified copies—one will go to the county recorder and you will want spares for other institutions.

3. Check local county requirements for showing survivorship.

   Each Montana county recorder may have specific forms or affidavit requirements. Many jurisdictions accept an “Affidavit of Survival/Death of Joint Tenant” (sometimes called an Affidavit of Survivorship) plus a certified death certificate. Contact the county clerk and recorder where the property is located or check that office’s website for documented requirements and recording fees.

4. Prepare the appropriate recorded document.

   Common documents used to update title include:

   • Affidavit of Death of Joint Tenant or Affidavit of Survivorship (signed and notarized by the surviving joint tenant).
   • New deed (a quitclaim or warranty deed) from the surviving joint tenant(s) if you want title expressed in a new manner—e.g., to remove the deceased name and record current ownership or to change vesting).
   • If title did not pass by survivorship or is unclear, a personal representative or executor may need to convey title via probate.

   If you prepare a new deed, include the legal description exactly as shown on the recorded deed, identify the grantor(s) and grantee(s) correctly, and have the deed signed and notarized.

5. Record the documents with the county clerk and recorder.

   Take or mail the certified death certificate and the affidavit or new deed to the county recorder where the property is recorded. Pay the recording fee. Once recorded, the public record will reflect the surviving owner(s) as the current owners.

6. Address mortgages, liens, and title insurance.

   Outstanding mortgages or liens remain attached to the property regardless of survivorship. Notify the mortgage lender and check whether the lender requires documents to update loan records. If you have title insurance, contact the title company to update the policy file and address any title issues discovered during re-recording.

7. If title is disputed or survivorship is unclear, consider probate or quiet title action.

   If the deed did not create a survivorship right, if the deed is ambiguous, or if there are competing claims, the estate may need probate administration or the heir(s) may need to file a quiet title action in Montana court to clear title. Montana probate and estate statutes govern how property held in other forms transfers at death.

8. Keep complete records.

   Keep certified death certificates, copies of the recorded affidavit or deed, recording receipts, and correspondence with the recorder and any title company. These documents prove the chain of title and can prevent future disputes.

Relevant Montana law and official resources

Montana statutes govern property, deeds, and probate. For full statutory text and to locate specific sections related to conveyances, title, and probate, consult the Montana Code Annotated and the Montana courts resources:

• Montana Code Annotated (MCA) — Table of Contents (start here to find Title 70 “Property” and Title 72 “Probate”).
• Montana Vital Records (DPHHS) — to obtain certified death certificates.
• Montana Judicial Branch — for probate forms and court procedures if probate or a quiet title action is necessary.

When probate is likely required

Probate may be necessary if:

• The property was not actually held with survivorship rights (tenancy in common).
• Title records are unclear or conflicting.
• There is no surviving joint tenant and the decedent left property solely in their name.
• Creditors, heirs, or others challenge the transfer.

How long does it take?

If the transfer is purely a recording update (affidavit + certified death certificate), county recording can be completed in days to a few weeks depending on local processing times. If probate or a court action is required, the process may take several months to over a year.

Helpful Hints

• Start by obtaining a certified copy of the recorded deed and certified death certificate—these are the two documents most often required.
• Call the county clerk and recorder for the county where the property is located early—ask for their exact form and fee requirements for correcting title after a joint tenant’s death.
• Use an affidavit of survivorship when available—many counties accept this shortcut instead of a full deed when the surviving owner does not want to change the vesting form.
• When in doubt about deed language, consult a Montana-licensed attorney or a title company before recording new documents.
• If the property has a mortgage, inform the lender. They may need recorded proof to update loan servicing records.
• Record only certified documents and keep originals safe. Provide copies rather than originals when possible.
• Consider purchasing an updated title report or owner’s title insurance endorsement after re-recording to protect against future title claims.
• If multiple heirs or potential claimants exist, do not file recordings alone—missteps can complicate later probate or litigation.

Disclaimer: This article provides general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a Montana attorney or the county recorder’s office.