Montana Department of Revenue

Realty Transfer Certificates

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The Realty Transfer Act (15-7-300, MCA) lets us serve property owners in two ways:

  • By quickly and efficiently updating property records; and
  • By collecting sale price information we use in the mass appraisal of real property in Montana

Filing Requirement

When real estate changes owners, you must file a Realty Transfer Certificate (Form RTC) with the County Clerk and Recorder at the same time the deed is filed for recordation.

Both seller (grantor) and buyer (grantee) names must be identical on the Form RTC and the accompanying deed. (15-7-304 and 15-7-305, MCA)

The information needed for the RTC includes:

  • The last four digits of the Social Security or Federal Employment Identification Number of everyone involved in the transfer
  • If a foreign national is involved, include the Individual Taxpayer Identification number

Important

In Part 4, Description of Transfer section of the RTC, the term Beneficiary Deed has been replaced with Transfer on Death Deed.

Based on new law, Title 72, Chapter 6, Part 4, created in the 2019 Legislature, an RTC is not required to be filed when a transfer on death deed is recorded with a county clerk and recorder. Upon the property owner’s death, the beneficiary is required to file an RTC with a copy of the recorded transfer on death deed and a copy of the certified death certificate.

What is Real Estate?

Real estate includes:

  • Land
  • Growing timber
  • Buildings
  • Structures
  • Fixtures
  • Fences
  • Other improvements affixed to land

Exceptions From Providing Sales Price

An RTC doesn’t need to include the amount paid for the real estate if it is a:

  • Gift
  • Transfer made in contemplation of death without consideration
  • Transfer between spouses or parent and child for nominal consideration
  • Transfer of property of a decedent’s estate
  • Transfer to a revocable living trust
  • Transfer by government agency
  • Correction, modification, or supplement of an previously recorded instrument, no additional consideration
  • Termination of joint tenancy by death
  • Termination of life estate by death
  • Transfer pursuant to court decree, except for a sheriff’s sale
  • Tax deed
  • Merger, consolidation, or reorganization of a business entity
  • Parcel of land classified as forestland and for the continued use of producing lumber
  • Parcel of land classified as agricultural and for the continued use for agricultural purposes (15-7-307, MCA)
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