---
title: "Montana Transfer-on-Death Deed | Funding LTC Marketplace"
url: https://fundingltcmarketplace.com/states/montana/transfer-on-death-deed/
description: "Montana authorizes real-property TOD deeds, but its Medicaid recovery materials expressly include property transferred by beneficiary deed."
last_updated: 2026-10-20
author: George A. Mellendorf, CLTC, LTCP (Central States Insurance Services, Inc.)
publisher: Funding LTC Marketplace
note: Educational content; not legal, tax or financial advice. Markdown copy of the HTML page at the URL above.
---
Montana · Asset Protection Tool

# Montana Transfer-on-Death Deed

Last updated 2026-10-20

Montana has adopted the Uniform Real Property Transfer on Death Act, and under Montana Code 72-6-404, a property owner can name one or more beneficiaries to receive real property automatically at death through a transfer-on-death deed — no probate required for that asset.

The paperwork has to be right. Montana Code 72-6-408 requires the deed to carry the same essential elements and formalities as any properly recordable deed made during life, state clearly that the transfer takes effect at death, and be recorded before the owner dies in the county clerk and recorder's office where the property sits.

Revocation works in a few specific ways: a later qualifying TOD deed, a separate instrument of revocation, or an inter vivos deed that expressly revokes the prior one — each acknowledged and recorded before death, per Montana Code 72-6-410. One thing that doesn't work: simply scratching out or marking up the recorded deed itself does not revoke it.

## Sources and official resources

- [Montana DPHHS: How Can Medicaid Help with Nursing Home Bills?](https://dphhs.mt.gov/assets/sltc/ADRC/MedicaidHelpBrochure.pdf)
- [U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)](https://www.law.cornell.edu/uscode/text/42/1396p)
- [CMS: 2026 SSI and Spousal Impoverishment Standards](https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf)

Rules and figures change. Confirm current details with the agency before you act.

[← Back to the full Montana guide](https://fundingltcmarketplace.com/states/montana/)