The Affidavit of Death is a Montana Judicial Branch form that the grantee beneficiary of a beneficiary deed signs under oath after the grantor has died. It identifies the grantor, the recorded beneficiary deed and the property, states the date of death and confirms the deed was not revoked. On FillingPDF you can fill out the affidavit of death online and download or print the completed PDF; the form is published by the Montana Judicial Branch at courts.mt.gov and must be sworn before a notary.
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What is Affidavit of Death – Montana?
The Affidavit of Death is a Montana Judicial Branch form in which the grantee beneficiary of a beneficiary deed swears, before a notary, that the grantor named in the deed has died and had not revoked the deed.
The affidavit has four numbered statements. Paragraph 1 names the grantor (the decedent) and describes the property by county and legal description. Paragraph 2 gives the recording details of the beneficiary deed: the county, the date of recording, and the Book and Page or the Instrument Number. Paragraph 3 gives the date the grantor died and states that the deed had not been revoked at the time of death. Paragraph 4 names the grantee beneficiary, with an address, as the person entitled to succeed to the grantor's interest in the real property because of the grantor's death.
The form ends with the affiant's dated signature and a notary block for the State of Montana, with the county and date of notarization. It also has a Return To block at the top for the name and address of the person entitled to the property.
This affidavit concerns real property transferred by a beneficiary deed. The Montana Judicial Branch lists a different form, Affidavit for Collection of Personal Property of Decedent, on its end-of-life forms page; do not confuse the two.
Who needs to file Affidavit of Death – Montana?
The grantee beneficiary named in a recorded beneficiary deed completes and signs the Affidavit of Death as the affiant, once the grantor who made the deed has died. The form is written in the beneficiary's voice ("I ... [Name of Grantee Beneficiary], being first duly sworn"), and paragraph 4 lets you choose pronouns and tenses so the wording fits one beneficiary or several.
Conditions the form attaches:
- The grantor must have signed and recorded a beneficiary deed for the property.
- The grantor must have died, and you must be able to state the date of death.
- The deed must not have been revoked before the death, because paragraph 3 says so under oath.
The form has no signature line for a representative; the affiant signs and swears before a notary. It is not the form for personal property of a decedent, which the Judicial Branch lists separately as Affidavit for Collection of Personal Property of Decedent.
When to file Affidavit of Death – Montana
Complete the Affidavit of Death after the grantor's death, because paragraph 3 requires the date the grantor died. The form prints no deadline of its own.
Date the affidavit and have it notarized together: the notary block must show the county and the date where the notarization actually takes place. The Judicial Branch's instructions say the affiant's name and the date can be filled in ahead of time only if the document will be notarized the same day at the same location.
The instructions also note that filing is charged per page, so prepare the final text before you go to the notary.
Documents you need
- A copy of the beneficiary deed: the form's instructions say the recording details for paragraph 2 (county, date, Book and Page or Instrument Number) are found on the deed, and that a copy of the deed will be provided.
- The exact legal description of the property, taken from the beneficiary deed or from the last vesting deed, for paragraph 1.
How to fill out Affidavit of Death – Montana
Complete the Return To block
At the top, enter the name and address of the person entitled to the property transferred by the beneficiary deed. You can delete any extra address lines.
Enter the affiant's name
In the opening sentence, enter the name of the grantee beneficiary, who is the person swearing the affidavit.
Describe the property in paragraph 1
Enter the grantor's name, the county in Montana where the property is located, and the exact legal description from the beneficiary deed or the last vesting deed.
Enter the recording details in paragraph 2
Enter the county where the beneficiary deed was recorded, the day, month and year of recording, and the Book and Page numbers or the Instrument Number, all taken from the deed.
State the date of death in paragraph 3
Enter the day, month and year the grantor died. The paragraph already states that the deed had not been revoked at the time of death.
Name the beneficiary in paragraph 4
Choose the pronouns and tenses that fit your situation, then enter the grantee beneficiary's name and address.
Date the affidavit
Fill in the "Dated this ___ day of _, 20" line. Leave the affiant's signature line unsigned until you are with the notary.
Complete the notary block
Enter the county of notarization and the date, which must match where and when the notary acts. The affiant's name and date can be prefilled only if the document is notarized the same day at the same location.
Review, sign and download the PDF
Check every entry against the beneficiary deed and keep the document short, since filing is charged per page. Download or print the completed PDF from FillingPDF, sign before the notary and file it as described under How to submit.
How to submit Affidavit of Death – Montana
The Affidavit of Death is signed before a notary and then filed; the form names no filing office, portal or mailing address, so confirm where it is to be filed before you go to the notary.
- Notarize first. Sign in front of the notary. The notary block states the State of Montana, the county of notarization, the affiant's name and the date.
- Return To block. At the top, enter the name and address of the person entitled to the property under the beneficiary deed; this is where the form directs the document to be returned.
- Filing cost. The instructions say filers pay per page to file, so keep the document short. The amount is not printed on the form; ask the office where you file.
- Questions. The Montana Judicial Branch lists the Court Help Program, for free assistance on common civil legal issues, at (406) 841-2975, and the State Bar of Montana's Lawyer Referral Information Service at (406) 449-6577.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Entering a shortened or paraphrased property description in paragraph 1; the instructions require the exact legal description from the beneficiary deed or the last vesting deed.
- Leaving the pronouns and tenses in paragraph 4 on the default dropdown choices instead of choosing the ones that fit one or several beneficiaries.
- Filling in the notary block with a county or date that is not where and when the notarization actually takes place.
- Pre-filling the affiant's name and the date when the document will not be notarized the same day at the same location.
- Taking the recording details in paragraph 2 from memory rather than from the beneficiary deed, which shows the county, date, Book and Page or Instrument Number.
- Signing paragraph 3 when the grantor had revoked the beneficiary deed; the affidavit states it had not been revoked at the time of death.
- Leaving unused Return To lines or adding extra text, which lengthens the document when filing is charged per page; the instructions say you can delete extra lines.
Frequently asked questions
What is an affidavit of death for a beneficiary deed in Montana?
It is a sworn statement, published by the Montana Judicial Branch, in which the grantee beneficiary confirms the grantor signed and recorded a beneficiary deed, died on a stated date without revoking it, and that the beneficiary is entitled to succeed to the grantor's interest in the property.
Who signs the Affidavit of Death?
The grantee beneficiary named in the beneficiary deed signs as the affiant. The form is written in that person's voice and is sworn before a notary; it has no separate signature line for a representative.
Does the Affidavit of Death have to be notarized?
Yes. The form ends with a notary block reading "Signed and sworn to before me by" the affiant, with the State of Montana, the county and the date. The county and date must reflect where and when the notarization happens.
Where do I find the Book, Page or Instrument Number for paragraph 2?
On the beneficiary deed. The form's instructions say the information in paragraph 2, including the county of recording and the recording date, can be found on the deed, so keep a copy of the deed beside you while you complete it.
What legal description do I put in paragraph 1?
Use the exact legal description listed on the beneficiary deed or on the last vesting deed. The instructions are explicit that it must be the exact description, not a summary or a street address alone.
Is there a fee to file the Affidavit of Death?
The Judicial Branch's instructions say filers are required to pay per page to file, which is why they advise keeping the document as short as possible. The form does not print an amount, so ask the office where you file.
Can I fill out the affidavit of death online?
Yes. You can fill out the affidavit of death online on FillingPDF and download or print the PDF. FillingPDF is independent of the Montana Judicial Branch and does not file the document; you sign it before a notary and file it yourself.
What is the difference between this form and the Affidavit for Collection of Personal Property of Decedent?
They are separate forms listed by the Montana Judicial Branch. The Affidavit of Death is built around a recorded beneficiary deed for real property described by a legal description; the other is titled for collecting personal property of a decedent.
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