Deed Recording Requirements in Montana
A Montana deed must be acknowledged (or proved by a subscribing witness) before it can be recorded, and the Montana Constitution prohibits any tax on the sale or transfer of real property.
Last checked . General information, not legal advice.
Montana at a glance
- Notary acknowledgment
- Required to record
- Witnesses
- None
- Transfer tax
- No state tax
The rules in Montana
Does a deed need to be notarized in Montana?
Montana requires a deed to be acknowledged (or, where the statute allows, proved) before it can be recorded.
How many witnesses does a deed need in Montana?
None. Montana does not require witnesses to sign a deed.
Is there a real estate transfer tax in Montana?
We found no state real estate transfer tax in Montana.
Where do the Montana rules for deeds come from?
They come from MCA 70-21-203, Acknowledgment of instruments required and Mont. Const. art. VIII, sec. 17, Prohibition on real property transfer taxes. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Montana compares
Montana is one of 13 jurisdictions that have no state transfer tax that we found.
What this means in practice
Record the signed deed with the county recorder, register of deeds or land records office where the property is located. Recording puts the world on notice of the transfer and generally protects the new owner against later claims.
Recording offices often have formatting rules (margins, paper size, a return address, a parcel number) and charge a fee. Check the county's requirements before you sign.
A deed does not pay off a mortgage. If the property is mortgaged, the loan usually stays in place after the transfer.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.