Short answer (first step)

The first step is to pull the recorded deed and chain of title for the parcel at the county clerk and recorder (or the county land records system) where the property is located. That search will show the most recent recorded owner, legal description, and prior transfers you can use to trace ownership back to your grandfather.

Detailed answer — what to do and why (Montana law)

Start by locating the parcel in the county where the land sits. Most ownership disputes or questions begin with recorded documents. Deeds, mortgages, affidavits, releases, and other recorded instruments create the public chain of title. Follow these steps:

1. Identify the correct county and parcel.

   Find the county by where the land is located. If you only have an address, ask the county assessor’s office or use online mapping to get the parcel number (tax ID) and legal description.

2. Search the county clerk and recorder’s records.

   Request or search online for the recorded deed that transferred the property from your grandfather (or his predecessor) to the next party. The deed will show the grantor, grantee, the legal description, and the date of transfer. Also look for wills, probate filings, guardianship orders, liens, and recorded easements that may affect ownership.

3. Pull the chain of title.

   Work backward through recorded deeds to trace how ownership changed over time. A continuous, recorded chain helps show current legal title. If a transfer is missing or unclear, note the gap and any ambiguous descriptions.

4. Check probate and estate records where your grandfather lived or died.

   If your grandfather died owning the land, probate records may show whether the property passed under a will, by intestacy (statutory succession), or by transfer outside probate (for example by joint tenancy or beneficiary deed). Montana probate and estate administration courts handle these records; contact the district court clerk where the decedent lived. General information on Montana courts is available at the Montana Judicial Branch: https://courts.mt.gov.

5. Look for recorded restrictions, liens, or mortgages.

   Recorded encumbrances can affect who has rights in the property. Tax records from the county assessor and treasurer will show who pays taxes and whether taxes are delinquent.

6. Document what you find and note inconsistencies.

   Create a simple title timeline (dates, document type, parties, book/page or instrument number). Flag missing transfers, unclear descriptions, or documents executed but not recorded.

Why start with recorded documents? Montana generally recognizes and protects recorded instruments as public notice. The recorded chain of title gives you the legal trail to follow before considering more advanced remedies like a quiet title action or adverse possession claim.

Relevant Montana law

Montana’s laws governing real property recording and related matters are in the Montana Code Annotated. For an overview of statutes that affect recording, title, and property rights, see Montana Code Title 70 (Real Property): https://leg.mt.gov/bills/mca/title_0700/. For probate and estate administration rules that determine how property passes after death, see the Montana Code sections on administration of estates: https://leg.mt.gov/bills/mca/title_0720/.

If you discover someone occupying or claiming part of the land and you have concerns about adverse possession, quiet title, or boundary disputes, Montana law and procedures may apply. For legal procedures in district court (including quiet title actions), consult Montana court resources: https://courts.mt.gov.

When the recorded chain doesn’t resolve the question

If records are missing, ambiguous, or show conflicting claims, the typical next steps are:

• Obtain certified copies of deeds and probate filings from the relevant county offices.
• Hire a licensed title abstractor or title company to run a formal title search.
• Consider a professional land survey if boundaries are unclear.
• Talk to a real property attorney about a quiet title action or defending against adverse possession claims.

Helpful Hints

• Start at the county clerk and recorder or the county’s online land records portal — that’s where deeds are normally recorded.
• Bring as much identifying information as you can: parcel number, address, legal description, or any old deed copies.
• Check the county assessor for tax records; the person listed for taxes is often the current owner for tax purposes.
• If your grandfather died, look for a will or probate file in the district court where he lived — property may have passed through probate.
• If records look incomplete, a title company or licensed abstractor can save time and spot hidden issues such as unrecorded interests or mistakes.
• Be careful relying on family memory alone — names, dates, and parcel lines can be wrong. Always verify with recorded documents.
• If you anticipate a dispute, collect and preserve copies of every document and note conversations and dates. Time limits can apply to some claims.

Next steps if you need help

If your search shows conflicting claims or missing transfers, consider contacting a licensed Montana real property attorney. An attorney can advise about bringing a quiet title action, resolving probate-related disputes, or addressing potential adverse possession. You can also contact the county clerk and recorder to learn about fees and procedures for obtaining certified documents.

Disclaimer

This article is for informational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in Montana.