Montana Quitclaim Deed
Transfer your interest in a Montana property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with Montana’s signing rules built in. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Montana deed rules · as of 2026
- Witnesses (besides notary)
- None — notary only
- Where to record
- County Clerk and Recorder
- Transfer tax
- No state transfer tax
Source: MCA 70-20-101 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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Montana signing & recording
No — in Montana the grantor's notarized signature is enough; no separate witnesses are required (MCA 70-20-101, as of 2026). MCA 70-21-203 — before an instrument can be recorded, its execution must be acknowledged (or proved by a subscribing witness), with the certificate notarized per Title 1, ch. 5 Record the signed deed with the County Clerk and Recorder. Check the current Montana deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does Montana require witnesses on a quitclaim deed?
No — in Montana the grantor's notarized signature is enough; no separate witnesses are required (MCA 70-20-101, as of 2026). MCA 70-21-203 — before an instrument can be recorded, its execution must be acknowledged (or proved by a subscribing witness), with the certificate notarized per Title 1, ch. 5
Where do I record the deed in Montana?
With the County Clerk and Recorder where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in Montana?
Montana does not levy a state real-estate transfer tax on deeds (as of 2026). Local recording fees still apply, and the recorder may require a cover sheet or tax form even for exempt transfers.
How does Montana compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How Montana compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Montana: MCA 70-20-101 ↗.
- Montana is one of 13 of 51 jurisdictions that charge no state transfer tax on deeds (38 charge a transfer or documentary tax when a deed is recorded).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 0, exactly the national median.
This is the most common figure nationally — shared by 45 other states.
Witnesses required (beyond the notary) in neighboring states — Idaho (0), North Dakota (0), South Dakota (0), Wyoming (0). Every neighboring state with a rule matches Montana.
The rest of what Montana requires
The figures below are Montana's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Montana page for that document.
- Security deposit cap · as of 2026
- No statutory limit Mont. Code §70-25-202 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Mont. Code §70-25-202 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Mont. Code §70-25-202 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Notice to cure a lease violation · as of 2026
- 14 days Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Small claims limit · as of 2026
- $7,000 Mont. Code Ann. § 25-35-502 ↗
- Where you file · as of 2026
- Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) · filing fee $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions) Mont. Code Ann. § 25-35-502 ↗
- Rental application fee · as of July 2026
- No statutory limit Montana Code ↗
- Bill of sale notarization · as of 2026
- Not required Montana MVD (Form MV24) ↗
- Power of attorney signing · as of 2026
- Notarization recommended Mont. Code §72-31-305 (form §72-31-353) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) ↗
Quitclaim deed in other states
More Montana legal forms
Different state? See quitclaim deeds by state →