10/18/2026
A Missoula couple sat at their kitchen table with two folders: the 401(k) statement with a beneficiary named, and the house deed with no one. "Why does the retirement account get a beneficiary but the house doesn't?" Fair question. In Montana, the house can have one too.
Here's the plain fact: Montana law lets an individual name one or more beneficiaries on real estate with a transfer on death deed (TOD deed, a deed that passes the property only when you die, without probate, the court process for settling an estate). It must be signed, acknowledged before a notary (the notary confirms it's you signing), include the property's legal description, state that the transfer happens at your death, and be recorded with the Clerk and Recorder in the county where the property sits before you die. While you're alive it changes nothing: you still own the house and can sell it, refinance it, or revoke the deed. Beneficiaries don't have to agree, sign, or even be told, though telling them is wise. You can name an alternate beneficiary in case your first choice dies before you. If you own with a spouse as joint tenants (owners with right of survivorship), the house goes to the survivor first, and the deed takes effect when the last owner dies. The beneficiary takes the house with any mortgage or liens still attached.
The simple steps:
1. Find your current deed and its legal description (the official boundary wording, not just the street address).
2. Fill out a TOD deed naming your primary beneficiary and, if you want, an alternate.
3. Sign it in front of a notary.
4. Record it with the Missoula County Clerk and Recorder before death. The fee is $20 for the first page and $10 for each added page.
5. Tell your beneficiaries where the paperwork is.
6. After death, the beneficiary records a notarized affidavit of death (a sworn statement that the owner died) and files a Realty Transfer Certificate (a Montana Department of Revenue form) with a copy of the deed and a certified death certificate.
A TOD deed can still collide with your will, your debts, or long-term care planning. Talk to an estate attorney before you record one. Hear Natalie Black, shareholder and estate planning attorney at Worden Thane P.C., explain it on Let's Talk Wealth. Full episode: https://www.youtube.com/watch?v=ohxsk51NIc4.
One page, recorded the right way, can spare your family a lot of paperwork later.
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