Updated October 11, 2026. Quick answer: Before a deed can be recorded, its execution must be acknowledged by the person who signed it (or proved by a subscribing witness with a notarized proof). Where recording is done by a photographic or similar process, the county clerk and recorder charges $20 for the first page and $10 for each additional page.
Montana quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | Montana requires a transfer of an interest in real property to be a written conveyance subscribed (signed) by the party granting it. |
| Witnesses | Not found in the documents read |
| Notary or acknowledgment | Before a deed can be recorded, its execution must be acknowledged by the person who signed it (or proved by a subscribing witness with a notarized proof). |
| Statutory quitclaim form | Section 70-20-103 gives a short form of grant that may be used in substance, but it is a general grant form and not a labelled quitclaim form. |
| Where to record, and the fee | County clerk and recorder of the county where the property is located. Where recording is done by a photographic or similar process, the county clerk and recorder charges $20 for the first page and $10 for each additional page. |
| State transfer tax | Not found in the documents read (The archived Montana statutes read do not state whether a state transfer tax applies to a deed.) |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Not found in the documents read |
| Source | Montana Legislature |
Signing, witnesses and the notary in Montana
Montana requires a transfer of an interest in real property to be a written conveyance subscribed (signed) by the party granting it.
Before a deed can be recorded, its execution must be acknowledged by the person who signed it (or proved by a subscribing witness with a notarized proof).
Statutory form: Section 70-20-103 gives a short form of grant that may be used in substance, but it is a general grant form and not a labelled quitclaim form.
The text itself:
- Montana Code Annotated 2025, 70-20-101 Transfer to be in writing: statute of frauds: “subscribed by the party creating, granting, assigning, surrendering, or declaring it”
- Montana Code Annotated 2025, 70-20-103 Form of grant: “may be made in substance as follows”
- Montana Code Annotated 2025, 70-21-203 Acknowledgment of instruments required: exceptions: “its execution must be acknowledged as provided in subsection (1)”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: County clerk and recorder of the county where the property is located. Where recording is done by a photographic or similar process, the county clerk and recorder charges $20 for the first page and $10 for each additional page.
The text itself:
- Montana Code Annotated 2025, 70-21-201 What may be recorded: “affecting the title to or possession of real property may be recorded”
- Montana Code Annotated 2025, 7-4-2632 Fee when recording done by mechanical means: “shall charge $20 for the first page or fraction of a page”
- Montana Code Annotated 2025, 7-4-2632 Fee when recording done by mechanical means: “$10 a page for each additional page or fraction of a page”
Transfer tax and a gift to a family member
The archived Montana statutes read do not state whether a state transfer tax applies to a deed.
Between family members: Not found in the documents read.
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000).
See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Montana requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether Montana has a state transfer tax on deeds: not found in the documents read.
- Whether a spouse must join in the deed: not found in the documents read.
- County or city transfer taxes and local recording surcharges in Montana were not read unless named above.
Common mistakes
- Assuming the Montana rules above govern land in another state, or that signing the deed ends the paperwork before it is recorded with the recording office.
Related: quitclaim vs warranty deed for a family transfer, Montana transfer on death deed, Montana probate cost, and whether Montana has an estate tax.
Sources
- Montana Code Annotated 2025, 70-20-101 Transfer to be in writing: statute of frauds: https://archive.legmt.gov/bills/mca/title_0700/chapter_0200/part_0010/section_0010/0700-0200-0010-0010.html
- Montana Code Annotated 2025, 70-21-203 Acknowledgment of instruments required: exceptions: https://archive.legmt.gov/bills/mca/title_0700/chapter_0210/part_0020/section_0030/0700-0210-0020-0030.html
- Montana Code Annotated 2025, 7-4-2632 Fee when recording done by mechanical means: https://archive.legmt.gov/bills/mca/title_0070/chapter_0040/part_0260/section_0320/0070-0040-0260-0320.html
- Montana Code Annotated 2025, 70-20-103 Form of grant: https://archive.legmt.gov/bills/mca/title_0700/chapter_0200/part_0010/section_0030/0700-0200-0010-0030.html
- Montana Code Annotated 2025, 70-21-201 What may be recorded: https://archive.legmt.gov/bills/mca/title_0700/chapter_0210/part_0020/section_0010/0700-0210-0020-0010.html
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.