The Homestead Declaration, printed on the form as Declaration of Homestead, is the Montana Judicial Branch form on which one or more claimants state that they reside on a described property and claim it as their homestead, exempt from attachment or forced sale under Title 70, Chapter 32, Montana Code Annotated. It must carry the property's legal description and a notary block. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the Montana Judicial Branch at courts.mt.gov.
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What is Montana Homestead Declaration: Fillable PDF and Steps?
The Declaration of Homestead is a one-page Montana Judicial Branch form in which the undersigned claimant or claimants declare that they reside on a described property and claim it as their homestead, which the form says is exempt from attachment or forced sale pursuant to Title 70, Chapter 32, Montana Code Annotated.
The form covers the property together with the dwelling house, or mobile home, and the improvements and appurtenances on it. Its central entry is the legal description of the property. The form's own note says that a street address is not a legal description and neither is a deed reference: the description must include the full metes and bounds description, or the subdivision with lot number, or the certificate of survey number.
The document is signed by the claimant or claimants with a date ("this ___ day of _, 20") and is acknowledged before a notary: the notary block reads "State of Montana, County of ___", states that the instrument was signed before the notary on a date by the named signers, and includes the notary's signature, printed name, "Notary Public for the State of Montana", place of residence and commission expiration date.
A top block, "Return Document to", takes a name and mailing address.
This form declares a homestead. Ending one is a different document: the Montana Judicial Branch lists a separate Declaration of Homestead Abandonment among its forms.
Who needs to file Montana Homestead Declaration: Fillable PDF and Steps?
The main group is a person, or two people, who live on a property in Montana and want to claim it as their homestead, exempt from attachment or forced sale under Title 70, Chapter 32, Montana Code Annotated. The form has room for two claimants, each with a signature line, and refers to them as "claimant(s)".
Points that follow from the form itself:
- The claimants state that they reside on the property they describe, so the declaration is for a home the claimants occupy.
- The property can include a dwelling house or a mobile home, with its improvements and appurtenances.
- You need the property's legal description (full metes and bounds, or subdivision with lot number, or certificate of survey number) before you start. A street address or deed reference does not meet the form's requirement.
- The signatures must be notarized: the form includes the acknowledgment block of a Notary Public for the State of Montana.
Do not use this form to end a homestead claim. The Montana Judicial Branch lists a separate Declaration of Homestead Abandonment for that purpose.
How to fill out Montana Homestead Declaration: Fillable PDF and Steps
Fill in the Return Document to block
At the top, enter the name, mailing address, and city, state and ZIP code to which the document should be returned.
Enter the claimant names
In the opening line, enter the name of each person claiming the homestead in the blanks before "the undersigned". The form calls them claimant(s).
State the property you reside on
In the blank after "reside on", identify the property where the claimants live and claim the homestead.
Write the legal description
Enter the full legal description of the homestead property: the full metes and bounds description, or the subdivision with lot number, or the certificate of survey number. A street address or deed reference is not enough.
Enter the date of signing
Fill in the day, month and year in the line beginning "IN WITNESS WHEREOF" ("this ___ day of _, 20").
Sign as claimant
Each claimant signs on a Signature of Claimant line, in front of the notary.
Complete the notary acknowledgment
The notary enters the county, the date the instrument was signed before them, the printed name of each signer, their own signature and printed name, place of residence and commission expiration date.
Review and download the completed PDF
Check that the legal description is complete and the names match on every line. Download or print the completed PDF from FillingPDF, then have it signed before the notary.
How to submit Montana Homestead Declaration: Fillable PDF and Steps
The form prints no filing office, portal or fee. It has one routing element: a Return Document to block at the top, where you enter a name, a mailing address and the city, state and ZIP code to which the document is to be returned.
What the printed form requires before it leaves your hands:
- Every claimant signs and dates it.
- A notary completes the acknowledgment ("State of Montana, County of ___"), including the date the instrument was signed before the notary, the signers' printed names, the notary's signature, printed name, residence and commission expiration date.
- The legal description is complete, as the form's note requires.
For questions about where a completed declaration goes, contact the Montana Judicial Branch at courts.mt.gov; its Court Help Program, (406) 841-2975, offers free assistance on common civil legal issues. FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.
Common mistakes to avoid
- Entering a street address in the legal description; the form states a street address is not a legal description.
- Giving only a deed reference as the property description, which the form says does not qualify.
- Leaving out the full metes and bounds description, or the subdivision with lot number or certificate of survey number, from the legal description.
- Signing without a notary present or leaving the notary block incomplete; the form is acknowledged by a Notary Public for the State of Montana.
- Leaving the date of signing and the printed names of the signers blank in the notary section.
- Omitting the second claimant's signature when two claimants name themselves in the opening line.
- Using the Declaration of Homestead to end a homestead; the Judicial Branch lists a separate Declaration of Homestead Abandonment.
- Skipping the Return Document to block (name, mailing address, city, state, ZIP).
Frequently asked questions
What is a homestead declaration in Montana?
It is a signed and notarized form in which claimants state they reside on a described property and claim it as their homestead, exempt from attachment or forced sale under Title 70, Chapter 32, Montana Code Annotated. The Montana Judicial Branch publishes it as the Declaration of Homestead.
Does the homestead declaration have to be notarized?
The form includes a notary acknowledgment for a Notary Public for the State of Montana, stating that the instrument was signed before the notary on a given date by the named signers. Plan to sign it in the notary's presence.
Can I use my street address as the legal description?
No. The form's note says a street address is not a legal description, and neither is a deed reference. Include the full metes and bounds description, or the subdivision with lot number, or the certificate of survey number.
Can two people sign the same Declaration of Homestead?
Yes. The form opens with space for two names, refers to them as claimant(s), and has two Signature of Claimant lines. The notary block asks for the printed names of the signer(s).
What property does the declaration cover?
The property described by its legal description, together with the dwelling house or mobile home and the improvements and appurtenances on it. The form claims that property as exempt from attachment or forced sale.
How do I end a homestead claim?
Not with this form. The Montana Judicial Branch lists a separate Declaration of Homestead Abandonment among its forms; use that document and check its instructions at courts.mt.gov.
Can I fill out the Homestead Declaration online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Montana Judicial Branch and does not file, notarize or record the declaration; you still need the notary and the agency's channels.
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