Toole County Beneficiary Deed Affidavit of Death Form (Montana)

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

Affidavit of Death Form

Toole County Affidavit of Death Form

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

Affidavit of Death Guide

Toole County Affidavit of Death Guide

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

Completed Example of the Affidavit of Death Form

Toole County Completed Example of the Affidavit of Death Form

Example of a properly completed form for reference.
Included Toole 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 Toole County. The executed documents should then be recorded in the following office:

Toole County Clerk and Recorder

226 1st St South, Suite 203, Shelby, Montana 59474

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

Phone: (406) 424-8300

Local jurisdictions located in Toole County include:

  • Ethridge
  • Galata
  • Kevin
  • Oilmont
  • Shelby
  • Sunburst
  • Sweet Grass

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Montana or Toole 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 Toole 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 Toole 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 Toole 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.

4.8 out of 5 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

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RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

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Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

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Joe D.

June 15th, 2019

Complete coverage of deeds, laws, etc.

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Byron M.

September 18th, 2023

Prompt service... provide thorough explanation of what is needed to complete the recording.

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Rhonda L.

May 27th, 2020

This was one of the most simple but efficient process. Walked me thru every step. Total process was less than 2 weeks.

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Pierre M.

October 13th, 2020

The form was very easy to fill out. The instructions were clear. Overall, a very user friendly product that made my job easier. Thanks you.

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Thank you!

Lindsey W.

March 7th, 2019

The service was great but after I did all my work and uploaded the documents they canceled my stuff because the county they had on the list doesnt take/or have set up e-recording yet. It was a bit disappointing because thats the only reason I was on here is because it brought me here from that countys sight.

Reply from Staff

Thank you for your feedback, sorry we were not able to provide the service for you. Hope you have a great day.

Ralph H.

October 22nd, 2022

They must have busy when I applied. The screen said it should be done in under10 mins unless heavier traffic. I was a little nervous because of a time deadline. It was completed in 45 mins and for under $30 it was worth every penny to have my deed details at my fingertips. So I give it a 5 on ease of use and quick handling. You can get it done less expensively, but great in a time crunch.

Reply from Staff

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chris a.

February 17th, 2021

It was easy to complete the deed but on the third page I only need one signature in stead of 3 I need to delete 2 or put n//a in those blocks I will continue to use your services and have recommended it to others

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Tamara H.

May 11th, 2023

Absolutely awesome! Quick, easy and efficient. I will definitely be using again!

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Robert B.

March 17th, 2021

Excellent service. Very efficient. Electronic filing was far faster and less stress than doing it in person.

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Michael C.

April 30th, 2023

Thank you very much. I received the exact information I was seeking.

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Great to hear Michael, thanks for taking the time to leave your feedback.

Daniel D.

February 9th, 2020

Well done. A little pricy.

Reply from Staff

Thank you!

Carol H.

October 8th, 2022

Easy to understand, quick access, inexpensive, and I took it to my registrar's office and he said the warranty deed was good to go. Thanks for saving me a bundle in lawyer's fees.

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