Montana § 15-7-305 Realty Transfer Certificate Required

Montana Statutes

§ 15-7-305 — Realty Transfer Certificate Required

Montana § 15-7-305

Title 15TAXATION

Ch. 7APPRAISAL

Part 3Realty Transfer Act

This text of Montana § 15-7-305 (Realty Transfer Certificate Required) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 15-7-305 (2026).

Text

15-7-305 . Realty transfer certificate required.

(1)The county clerk and recorder shall require the parties to the transaction or their agents or representatives to complete a certificate declaring the consideration paid or to be paid for the real estate transferred.

(2)An instrument or deed evidencing a transfer of real estate may not be accepted for recordation until the certificate has been received by the county clerk and recorder. The validity or effectiveness of an instrument or deed between the parties to it is not affected by failure to comply with the provisions in this part.

(3)(a) Except as provided in 85-2-423 , the form of certificate must be prescribed by the department of revenue, and the department shall provide an adequate supply of forms to each county clerk and record

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15-7-305 . Realty transfer certificate required. (1) The county clerk and recorder shall require the parties to the transaction or their agents or representatives to complete a certificate declaring the consideration paid or to be paid for the real estate transferred.
(2) An instrument or deed evidencing a transfer of real estate may not be accepted for recordation until the certificate has been received by the county clerk and recorder. The validity or effectiveness of an instrument or deed between the parties to it is not affected by failure to comply with the provisions in this part.
(3) (a) Except as provided in 85-2-423 , the form of certificate must be prescribed by the department of revenue, and the department shall provide an adequate supply of forms to each county clerk and recorder in the state.
(b) The department shall coordinate with the department of natural resources and conservation and the water court to develop water right ownership update forms. The water right ownership update form must be part of or attached to the realty transfer certificate.
(4) The clerk and recorder shall prepare a certificate for each contract for deed filed for recording.
(5) The clerk and recorder shall transmit each executed certificate to the department.