Toole County Special Warranty Deed Form (Montana)
All Toole County specific forms and documents listed below are included in your immediate download package:
Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Toole County compliant document last validated/updated 10/24/2024
Special Warranty Deed Guide
Line by line guide explaining every blank on the form.
Included Toole County compliant document last validated/updated 9/30/2024
Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
Included Toole County compliant document last validated/updated 4/9/2024
The following Montana and Toole County supplemental forms are included as a courtesy with your order:
When using these Special Warranty 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 Special Warranty 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 Special Warranty 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.
In Montana, real property can be transferred from one party to another by executing a special warranty deed. This type of deed is commonly used in commercial transactions, but is also valid for residential transfers.
Special warranty deeds are not statutory in Montana, but are still accepted forms of conveyance. The state provides a general form that may be used for a special warranty deed (Mont. Code Ann. 70-20-103). The warranties included in this type of deed are not defined by statute, except for covenants implied by the use of the word "grant." The word "grant" implies that, prior to the execution of the conveyance, the grantor did not convey the same estate or any right, title, or interest to any person other than the grantee. It also implies that, at the time of execution of the conveyance, the estate was free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor (Mont. Code Ann. 70-20-304).
A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
For Montana residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Mont. Code Ann. 70-1-307, 70-1-314).
As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed should meet all state and county standards of form and content for recorded documents.
Any party transferring real property is required to file a Realty Transfer Certificate, subject to a $500 penalty. File the form with the clerk and recorder in the county where the property is located. (Mont. Code Ann. 15-7-305). The Realty Transfer Certificate includes a Water Rights Disclosure. Contact the Montana Department of Revenue with questions regarding the transfer, division, or exemption of water rights. For a valid transfer, record the deed at the clerk and recorder's office in the county where the property is located. Contact the same office to confirm accepted forms of payment.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about special warranty deeds or for any issues related to transfers of real property in Montana.
(Montana SWD 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 Special Warranty 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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