May I designate more than one beneficiary? After an affidavit certifying the death of the owner is submitted to and recorded by the Clerk and Recorder in the county where the property is located, the transfer of title to the designated beneficiary is completed. However, by letting the designated beneficiary know about the TODD, he/she can initiate the necessary steps to transfer title. The owner does not have to give a designated beneficiary notice about the recording of a TODD. The designated beneficiary has absolutely no ownership rights in the Montana real property described on the TODD until the owner dies. A designated beneficiary can be an individual or any legal entity, such as a corporation, trust, partnership, or limited liability company.Īn owner is not required to have the signature, consent, or agreement of the designated beneficiary for a TODD. The TODD must be recorded before the death of the owner or it will not be effective.Ī designated beneficiary is a person or an entity who receives an interest in the Montana real property described in a TODD upon the owner’s death. If the address of the beneficiary is not available, the address of the owner(s) is listed.
The address of the designated beneficiary should be included. The owner may designate one or more beneficiaries in a TODD. Owners must sign the TODD and have their signatures acknowledged before a notary public. Next, list the current address of the owner. List the name(s) exactly as it appears in the recorded deed when the real property was conveyed to the current owner(s). The owner(s) ( transferor) initiating the TODD must be identified on the document. A legal description is available from the office of the Clerk and Recorder in the county where the real property is located. Montana’s cadastral property ownership website does not list an accurate legal description. The description appearing on the property tax bill sent annually by the county treasurer does not have the complete legal description. The legal description from a previously recorded deed is generally the correct one to use. A TODD must contain a complete legal description of the Montana real property the owner wants to transfer at death. An online version of this form is available ( ). Montana statutes provide an optional form for a TODD. What are the legal requirements for a transfer on death deed? In Montana, a TODD is a method of avoiding probate of real property, including mineral interests. The TODD must specifically state it is effective upon the death of the owner.Īn owner records a TODD with the Clerk and Recorder in the Montana county where the real property is located. In other words, the real property transfers from a deceased person to the person(s) listed on the TODD. The transfer is effective upon the owner’s death. Transfer on Death DeedsĪ TODD is a legal document an owner ( transferor) can use to transfer an interest in Montana real property to one or more designated beneficiaries. If you recorded a beneficiary deed before October 1, 2019, your document is still effective upon your death. An optional statutory form for a TODD and a TODD revocation are online (, ). This MontGuide answers questions about the law that became effective for TODDs recorded on or after October 1, 2019. You can change your mind and revoke a TODD prior to your death. A TODD does not limit your right to sell, transfer, or mortgage the real property prior to your death. Examples of real property include homes, garages, or other out-buildings, fences, water systems (unless removable), minerals and standing uncut timber.Ī TODD has no effect while you are alive. Real property is land, including whatever is built, growing on, or affixed to it. As under prior law, TODDs allow owners at death to transfer their real property located in Montana to one or more beneficiaries without probate. Beneficiary deeds with transfer on death deeds (TODDs).
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