Fergus County Beneficiary Deed Affidavit of Death Form (Montana)
All Fergus County specific forms and documents listed below are included in your immediate download package:
Affidavit of Death Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Fergus County compliant document last validated/updated 10/2/2024
Affidavit of Death Guide
Line by line guide explaining every blank on the form.
Included Fergus County compliant document last validated/updated 11/19/2024
Completed Example of the Affidavit of Death Form
Example of a properly completed form for reference.
Included Fergus County compliant document last validated/updated 12/9/2024
The following Montana and Fergus County supplemental forms are included as a courtesy with your order:
When using these Beneficiary Deed Affidavit of Death forms, the subject real estate must be physically located in Fergus County. The executed documents should then be recorded in the following office:
Fergus County Clerk / Recorder
712 West Main St, Lewistown, Montana 59457
Hours: 8:00am-5:00pm M-F
Phone: (406) 538-5242
Local jurisdictions located in Fergus County include:
- Buffalo
- Coffee Creek
- Denton
- Forest Grove
- Grass Range
- Hilger
- Lewistown
- Moore
- Roy
- Winifred
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Fergus County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Fergus County using our eRecording service.
Are these forms guaranteed to be recordable in Fergus County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fergus County including margin requirements, content requirements, font and font size requirements.
Can the Beneficiary Deed Affidavit of Death forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fergus County that you need to transfer you would only need to order our forms once for all of your properties in Fergus County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Montana or Fergus County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Fergus County Beneficiary Deed Affidavit of Death forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Transferring Title under a Montana Beneficiary Deed
In 2007, the Montana Legislature enacted the state's beneficiary deed law, found at Montana Code Annotated Section 72-6-121. All following parenthetical references identify the part of that section which contains additional information. The statute outlines the requirements for a beneficiary to gain ownership of real property from a beneficiary deed at 72-6-121(12).
The process involves completing and recording an affidavit of death. This document must contain the information specified in 7-4-2613(1)(c), including recording details from the beneficiary deed, a full legal description of the property interest, names and addresses of all surviving grantee beneficiaries, and evidence of the owner's death. In addition, attach an official copy of the deceased owner's death certificate. When the affidavit of death is completed and notarized, submit it to the clerk and recorder in each county in which the real property or any part of the real property is located.
Beneficiaries take ownership of the property subject to any mortgages, taxes, and obligations of record (1), including claims from the department of public health and human services may assert a claim pursuant to 53-6-167 for medical assistance (7). Because of these or other reasons, some beneficiaries may decide not to accept the transfer. In that case, follow the procedures outlined in 72-2-811 to disclaim the interest.
Each circumstance is unique, so contact an attorney with specific questions or for complex situations.
(Montana BD Affidavit of Death Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Fergus County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Fergus County Beneficiary Deed Affidavit of Death form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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January 15th, 2022
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