Toole County Beneficiary Deed Form (Montana)

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

Beneficiary Deed Form

Toole County Beneficiary Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Toole County compliant document last validated/updated 10/8/2024

Beneficiary Deed Guide

Toole County Beneficiary Deed Guide

Line by line guide explaining every blank on the form.
Included Toole County compliant document last validated/updated 10/8/2024

Completed Example of the Beneficiary Deed Document

Toole County Completed Example of the Beneficiary Deed Document

Example of a properly completed form for reference.
Included Toole County compliant document last validated/updated 7/17/2024

When using these Beneficiary Deed 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 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 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.

A beneficiary deed must be lawfully executed and recorded during the owner's life or it has no effect.

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.

Beneficiary deeds are nontestamentary documents (11) that convey a potential future interest in real property, but they only become effective when the owner dies. Until that point, the owner retains absolute title to, control over, and use of the property, including the freedom to change or revoke the beneficiary designation, or to sell the property to someone else (6). If an owner executes and records more than one beneficiary deed concerning the same real property, the document recorded closest to the owner's death is the effective beneficiary deed (8).

Note that if the real estate is held as joint tenancy with the right of survivorship, all co-owners should sign the deed or the future transfer might be voided. Review the statute carefully and contact an attorney with questions before executing a beneficiary deed for jointly-held property (4).

Grantee beneficiaries are the declared recipients of the real estate, but they have no rights to or interest in it until the owner's death. They gain title according to the owner's instructions as stated on the recorded deed. By accepting the transfer, beneficiaries become bound to fulfill any obligations, including mortgages or financial agreements associated with the land during the owner's life (1). These obligations may also include a claim against the property by the state for Medicaid benefit reimbursement (7). The signature, consent, or agreement of, or notice to, a grantee beneficiary of a beneficiary deed is not required for any purpose during the lifetime of the owner (10).

Two or more grantee beneficiaries may hold title as tenants in common, joint tenants, or any other form of ownership allowed by Montana laws (2). Owners may also specify one or more successor beneficiaries in case the primary ones are unable or unwilling to accept the transfer after the owner's death (3).

Beneficiary deeds are convenient, flexible tools to include in an overall estate plan, but they may not be appropriate for everyone. Contact an attorney with specific questions or for complex situations.

(Montana BD 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 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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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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October 25th, 2024

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October 25th, 2024

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February 18th, 2021

Very convenient!

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Kari G.

July 15th, 2021

The service was prompt and attentive to my questions. I would've just appreciated a heads up that I also needed to contact the county directly (and provide contact info) to receive a certified copy of the document (Notice of Commencement) in order to submit the certified copy to the Building Department. This was an extra step that I haven't had to complete before using another eRecording service. Even if this extra step is a result of the county's system. I would still have expected a head's up (since there wasn't any info regarding this on the county's site for eRecording).

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July 28th, 2020

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April 29th, 2020

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Donna F.

March 4th, 2019

Straight forward easy to understand completing my document. The guide readily explained filing all portions of the document.

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Josephine R.

November 18th, 2019

Completed, notarized, and recorded with no issues.

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Jackie C.

April 10th, 2022

It was easy to access the documents for a minimal fee.

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August 18th, 2020

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February 17th, 2021

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Gerry H.

July 29th, 2020

Very good instruction for filling out the forms!

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Steven M.

January 31st, 2019

They always get me the information I need, in a timely manner.

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Jennifer M P.

December 14th, 2022

Locating the deed I needed was not too hard. I love that you can download and complete it on your time frame.

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