Montana Deed Transfer Questionnaire

State:
Multi-State
Control #:
US-Q1010
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a transferring real property with a deed. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Fee Simple Estates are the most common and grant a complete interest in land (its yours to be used without conditions or limitations).

Montana is one of 15 states that does NOT have a real estate transfer tax, but, instead, parties to a Montana real estate transaction must file a Realty Transfer Certificate, required by Montana law.

Property taxes in Montana are based on your total tax rate and the taxable value of your home. Taxable value is based on your home's market value, but the state of Montana calculates it using a somewhat complicated formula. First, residential property is reappraised by state assessors once every two years.

The grantor must sign a quitclaim deed and acknowledge it before a notary public. The grantor then records the deed with the Clerk and Recorder in the county where the real property is located. Recording a quitclaim deed provides notice to all subsequent mortgagees and purchasers there is a new owner of the property.

Montana is one of 15 states that does NOT have a real estate transfer tax, but, instead, parties to a Montana real estate transaction must file a Realty Transfer Certificate, required by Montana law.

Your state tax rate may range between 1% to 6.9%. While you must report your homeselling profits on your federal tax returns, you may not have to pay taxes on your earnings. If you lived in your home for two to five years, you won't have to pay taxes on profits up to $250,000 or up to $500,000 if you file jointly.

Whenever property is sold or gifted, a deed must be executed by the person or entity transferring ownership, the ?grantor,? and recorded with the Clerk and Recorder in the county where the property is located. The grantor will also need to file a Realty Transfer Certificate and pay the recording fee ($8 per page).

For convenience and simplicity in estate planning, Montana law allows for transfer on death deeds (TOD deeds)?a deed, executed and recorded during the lifetime of the grantor(s), which allows real property to pass to the designated beneficiaries outside of probate.

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Montana Deed Transfer Questionnaire