Montana Quitclaim Deed Form

Last Updated: March 24, 2024 by Rukshani Lye

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What is a Quitclaim Deed in Montana? 

In Montana, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title.  Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Montana.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Montana?

The main difference between quitclaim deeds and warranty deeds in Montana is that a quitclaim deed provides less security to the Grantee. 

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer. 

Warranty deeds are mostly used for real estate transactions in Montana. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Montana?

Laws surrounding quitclaim deeds are found under Title 70 of the Montana Code, titled Property.

Quitclaim deeds in Montana must state that the Grantor intends to “Remise, release and forever quitclaim ” the property to the Grantee.  The term “grant” is not used in a Montana quitclaim deed as it implies warranty.

Once prepared, the quitclaim deed must be filed at the Clerk and Recorder’s Office in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Montana?

You can prepare your own quitclaim deed in Montana. A professional drafter is not legally required. 

Montana Quitclaim Deed Requirements

Formatting standards in Montana have been standardized through both statute and county processes, which have been uniformly adopted and standardized throughout the state.

Formatting Requirements

Formatting requirements for quitclaim deeds in Montana include:

  1. Paper size: must be between 8.5×11 (letter) or 8.5x 14 (legal).   
  2. Paper color: must be white. 
  3. Font size: minimum 10-point.
  4. Text color: black or blue only.
  5. Text: color must be dark and clearly reproducible.
  6. Text should be printed or typed only. 
  7. Margins:
    • Top margin: First page minimum 3 inches; remaining pages 1 inch.
    • Bottom margin: minimum 1 inch on all pages.
    • Side margins: minimum o.5 inches on all pages.
    • Except for page number, no markings on margins. 

    Content Requirements

    Remaining content requirements for quitclaim deeds in Montana include:

    1. The Grantor’s name and address.
    2. The Grantee’s name and address. 
    3. Return name and address must be on the top left of the first page.
    4. The title “Quitclaim.”
    5. The property address.
    6. Property’s homestead status.
    7. Property’s legal description.
      The guidelines for drafting a legal description are as follows:

      • The property description must contain the proper descriptors, including metes and bounds such as section, township, and range, subdivision, each different tract, unit, or block.
      • Mention visible boundaries, or landmarks over measurements like lines or angles whenever possible; lines and angles are preferred over surface measurements.
    8. Granting clause – a statement describing the transfer the parties have agreed to.
    9. Consideration clause – the value or the amount of money exchanged. 

        Who Signs a Quitclaim Deed in Montana?

        For a quitclaim deed to be legally valid in Montana, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public.

        If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.

        How to File a Quitclaim Deed in Montana 

        Here’s how to file a quitclaim deed in Montana: 

        1. Prepare the quitclaim deed with the required information.
        2. Montana Realty Transfer Certificate.
          • All transfers of real estate must be accompanied by a completed Realty Transfer Certificate (Form RTC) which discloses the amount of consideration paid.
          • The Certificate is submitted to the county clerk along with the quitclaim deed.
          • Some transfers typically filed under quitclaim deeds are exempt from the requirement to file the Certificate, including:
            • Instruments confirming, correcting, modifying, or supplementing a previously recorded instrument without added consideration.
            • Transfers of decedents’ estates.
            • Transfers as gifts.
            • Transfers between spouses or between parents and children with only nominal consideration.
            • Instruments transferring the property to the same parties.
            • Transfers under court decrees.
            • Transfers due to mergers, consolidations, or reorganizations of corporations, partnerships, or other business entities.
        3. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
        4. Finally, the quitclaim deed must be filed at the Clerk and Recorder’s Office in the county where the property is located.

              How Much Does it Cost to File a Quitclaim Deed in Montana?

              In Montana, the minimum charges for filing a quitclaim deed are as follows:

              • Fee per page: $8.
              • Additional fee per page (non-compliant deeds): $10.
              • Fee for filing a map or plat: $25.

              What Taxes Are Owed on Quitclaim Deeds in Montana?

              In Montana, property transfers, including transfers through quitclaim deeds, are not subject to real estate transfer taxes. However, annual property taxes may still apply. 

              Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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              How Long Does a Quitclaim Deed Take to be Recorded in Montana?

              The time it takes to record a quitclaim deed in Montana varies based on the county, however, most offices process the deed within two to four weeks.

              What Happens After a Quitclaim Deed is Recorded in Montana?

              When a quitclaim deed is submitted to the County Clerk’s and Recorder’s Office, it undergoes an initial check to ensure the accuracy of the necessary information. Once verified, the deed is endorsed, indexed, and scanned to be stored in the state system of records.

              After all processing is complete, the Clerk’s Office sends recorded documents back to the party listed in the upper left corner of the document.

              How Long Are Quitclaim Deeds Valid For in Montana? 

              There is no expiration for quitclaim deeds in Montana. However, the statute of limitations to recover property in Montana is 10 years.