Montana Code 72-6-410. Revocation by instrument authorized — revocation by act not permitted
72-6-410. Revocation by instrument authorized — revocation by act not permitted. (1) Subject to subsection (2), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
Terms Used In Montana Code 72-6-410
- 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
- Transfer on death deed: means a deed authorized under this part. See Montana Code 72-6-402
- Transferor: means an individual who makes a transfer on death deed. See Montana Code 72-6-402
(a)is one of the following:
(i)a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(ii)an instrument of revocation that expressly revokes the deed or part of the deed;
(iii)an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
(b)is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the public records in the office of the county clerk and recorder of the county where the deed is recorded.
(2)If a transfer on death deed is made by more than one transferor:
(a)revocation by a transferor does not affect the deed as to the interest of another transferor; and
(b)a deed of joint owners is revoked only if it is revoked by all of the living joint owners.
(3)After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(4)This section does not limit the effect of an inter vivos transfer of the property, which revokes any prior transfer on death deed to the property.