Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Understanding Sole Ownership on a Deed in Montana
When a deed lists only your deceased parent’s name, it generally means they held full legal title at the time of death. Montana law does not automatically pass real estate to heirs outside a will or trust. To establish who now owns the property, you must review the deed, verify any survivor interests, and—if necessary—open a probate estate under state law.
Step 1: Review the Deed and Title Records
Visit the county clerk and recorder’s office where the property lies and obtain a certified copy of the deed. Look for:
- Joint Tenancy or Right of Survivorship: A deed that names two or more owners “as joint tenants” or “with right of survivorship” automatically vests full title in the survivor.
- Tenancy in Common: Multiple owners without survivorship language each hold a distinct share that passes through their estate.
- Trust Language: If the deed refers to a living trust, trust documents control distribution.
Step 2: Obtain a Death Certificate
Order multiple certified copies of your parent’s death certificate from the Montana Department of Public Health and Human Services. You will need one for probate filings and others for title companies, banks, or government agencies.
Step 3: Initiate Probate or Summary Administration
If your parent died owning property solely in their name, you generally must open a probate estate in the district court of the county where they lived. Montana offers a simplified procedure for small estates.
- Summary Probate: When personal property totals under $50,000 and there is no real estate to pass, you may file under MCA § 72-3-702 (leg.mt.gov).
- Full Probate: If real property passes through probate, file a petition under MCA § 72-3-101 (leg.mt.gov). The court will appoint a personal representative to gather assets, pay debts, and distribute property.
Step 4: Apply Montana’s Intestate Succession Rules
If your parent left no valid will, Montana’s intestate succession statute controls distribution. Generally:
- Surviving Spouse: Receives all community property and a share of separate property.
- Children or Descendants: Share separate property equally.
- No Spouse or Descendants: Parents, siblings, or more distant relatives may inherit.
See MCA § 72-2-102 for full details: leg.mt.gov.
Step 5: Transfer Title and Record New Deed
Once the court issues letters testamentary or letters of administration and confirms beneficiaries, prepare and record a new deed conveying title from the estate to the rightful heir(s). Submit the death certificate, court orders, and any required transfer tax forms to the county clerk and recorder.
Helpful Hints
- Gather all prior deeds and title insurance policies before proceeding.
- Work with a title company to confirm chain of title and identify liens.
- Keep multiple certified death certificates on hand for institutions.
- Check deadlines: probate petitions in Montana must be filed within one year of death.
- Consider hiring a local probate attorney if the estate involves complex assets or disputes.