Phillips County Beneficiary Deed Affidavit of Death Form (Montana)

All Phillips County specific forms and documents listed below are included in your immediate download package:

Affidavit of Death Form

Phillips County Affidavit of Death Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Phillips County compliant document last validated/updated 10/2/2024

Affidavit of Death Guide

Phillips County Affidavit of Death Guide

Line by line guide explaining every blank on the form.
Included Phillips County compliant document last validated/updated 10/14/2024

Completed Example of the Affidavit of Death Form

Phillips County Completed Example of the Affidavit of Death Form

Example of a properly completed form for reference.
Included Phillips County compliant document last validated/updated 8/26/2024

When using these Beneficiary Deed Affidavit of Death forms, the subject real estate must be physically located in Phillips County. The executed documents should then be recorded in the following office:

Phillips County Clerk / Recorder

314 South 2nd Ave West, Malta, Montana 59538

Hours: 8:00 to 5:00 M-F

Phone: (406) 654-2423

Local jurisdictions located in Phillips County include:

  • Dodson
  • Loring
  • Malta
  • Saco
  • Whitewater
  • Zortman

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 Phillips 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 Phillips County using our eRecording service.
Are these forms guaranteed to be recordable in Phillips County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Phillips 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 Phillips County that you need to transfer you would only need to order our forms once for all of your properties in Phillips County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Montana or Phillips 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 Phillips 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 Phillips 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 Phillips 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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October 25th, 2024

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October 29th, 2019

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August 25th, 2020

I received my property deed quickly. All pertinent information required was received in less than 30 minutes.

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September 1st, 2022

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October 9th, 2020

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January 31st, 2019

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Claim and should have ordered warranty deed. I will make it work

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November 5th, 2022

Fast and easy. Sample completed form & guidelines very useful.

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Brennan H.

October 4th, 2023

I had worked for a couple of months sending things back and forth to the county and still had no success. I decided to use deeds.com and it was all done in a few hours. Such a relief! While I find this to be wrong and the county should work with property owners as well as they work with third parties, I was still grateful for this service.

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August 15th, 2019

easy sight and extra forms that I can use any time

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August 13th, 2024

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