Montana Code 72-6-408. Requirements
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72-6-408. Requirements. A transfer on death deed:
Terms Used In Montana Code 72-6-408
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- Property: means an interest in real property located in this state which is transferable on the death of the owner. See Montana Code 72-6-402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Transferor: means an individual who makes a transfer on death deed. See Montana Code 72-6-402
(1)except as otherwise provided in subsection (2), must contain the essential elements and formalities of a properly recordable inter vivos deed;
(2)must state that the transfer to the designated beneficiary is to occur at the transferor‘s death; and
(3)must be recorded before the transferor’s death in the public records in the office of the county clerk and recorder of the county where the property is located.