Montana Code Annotated

Mont. Code Ann. § 7-4-2613 (2026)

Documents Subject To Recording

✓ current as of May 2026
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TITLE 7. LOCAL GOVERNMENT

CHAPTER 4. OFFICERS AND EMPLOYEES

Part 26. Office of County Clerk

Documents Subject To Recording

7-4-2613. Documents subject to recording. (1) The county clerk shall, upon the payment of the appropriate fees, record by printing, typewriting, photographic, micrographic, or electronic process or by the use of prepared blank forms:

(a) (i) subject to subsection (1)(a)(ii), deeds, grants, transfers, certified copies of final judgments or decrees partitioning or affecting the title or possession of real property any part of which is situated in the county, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, reconveyances by trustees of deeds of trust, assignments of mortgages and deeds of trust, powers of attorney to convey real estate, leases that have been acknowledged or proved, and abstracts of the instruments that have been acknowledged or proved;

(ii) an instrument or deed evidencing either a division of real property or a merger of real property only if the instrument or deed is accompanied by a certification from the county treasurer that taxes and special assessments that have been assessed and levied have been paid;

(b) notices of buyer's interest in real property, notwithstanding any other requirement of law or rule relating to eligibility for recording of the deed, contract for deed, or other document relating to the notice of buyer's interest. However, if the instrument of conveyance underlying a notice of buyer's interest would be unrecordable, the clerk and recorder shall notify the buyer by certified mail that the underlying instrument is unrecordable and may be void.

(c) an acknowledged statement indicating that the holder of a nonprobate interest in real property is deceased. A nonprobate interest in real property is a joint tenancy interest or a life estate interest. The acknowledged statement must contain:

(i) a statement that the holder of the nonprobate interest has died and that the holder's interest in the property is terminated; and

(ii) a legal description of the property.

(d) certificates of births and deaths;

(e) wills devising real estate admitted to probate;

(f) official bonds;

(g) transcripts of judgments that by law are made liens upon real estate;

(h) instruments describing or relating to the individual property of married persons;

(i) all orders and decrees made by the district court in probate matters affecting real estate and that are required to be recorded;

(j) notice of preemption claims;

(k) notice and declaration of water rights;

(l) assignments for the benefit of creditors;

(m) affidavits of annual work done on mining claims;

(n) notices of mining locations and declaratory statements;

(o) estrays and lost property;

(p) a book containing appraisement of state lands; and

(q) other writings that are required or permitted by law to be recorded.

(2) Any instrument that qualifies for recording under this section may incorporate by reference any provision, statement, description, or other language or material that is contained in another properly recorded instrument and that is recorded in the same county as the instrument that is incorporating the language or material by reference is to be recorded.

History: Ap. p. Sec. 4411, Pol. C. 1895; re-en. Sec. 3032, Rev. C. 1907; amd. Sec. 1, Ch. 68, L. 1917; re-en. Sec. 4796, R.C.M. 1921; Cal. Pol. C. Sec. 4235; re-en. Sec. 4796, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1945; amd. Sec. 1, Ch. 218, L. 1971; amd. Sec. 1, Ch. 199, L. 1975; amd. Sec. 19, Ch. 293, L. 1975; Sec. 16-2902, R.C.M. 1947; Ap. p. Sec. 4414, Pol. C. 1895; re-en. Sec. 3035, Rev. C. 1907; re-en. Sec. 4801, R.C.M. 1921; Cal. Pol. C. Sec. 4238; re-en. Sec. 4801, R.C.M. 1935; Sec. 16-2907, R.C.M. 1947; R.C.M. 1947, 16-2902(part), 16-2907; amd. Sec. 14, Ch. 443, L. 1979; amd. Sec. 1, Ch. 701, L. 1979; amd. Sec. 1, Ch. 377, L. 1981; amd. Sec. 1, Ch. 366, L. 1993; amd. Sec. 11, Ch. 420, L. 1993; amd. Sec. 3, Ch. 391, L. 1995; amd. Sec. 1, Ch. 9, Sp. L. May 2000; amd. Sec. 1, Ch. 37, L. 2001; amd. Sec. 1, Ch. 412, L. 2001.

Notes of Decisions
Cited in 6 cases, 1987–2013 · leading case: Erler v. Creative Fin. & Investments, L.L.C., 2009 MT 36 (Mont. 2009).
Erler v. Creative Fin. & Investments, L.L.C., 2009 MT 36 (Mont. 2009). · cites it 2× “On October 4, 1989, an acknowledged statement required by § 7-4-2613(l)(c), MCA, known as an INH-3, was recorded, indicating that Jamie Osburn’s joint tenancy interest in the property had terminated by Jamie’s death, thus transferring that interest to Leota Osburn (Osburn) as…”
Earl v. Pavex, Corp., 2013 MT 343 (Mont. 2013). · cites it 2× “Palomar, Patton and Palomar on Land Titles § 67, 225; § 7-4-2613, -2617, -2619, -2620, MCA. These alphabetical indices make it possible to run a chain of title, either forward or backward, from any known owner: A searcher may begin with the name of the present owner and work…”
Earl v. Pavex, 2013 MT 343 (Mont. 2013). · cites it 2× “Palomar, Patton and Palomar on Land Titles § 67, 225; §§ 7-4-2613, -2617, -2619, -2620, MCA. These alphabetical indices make it possible to run a chain of title, either forward or backward, from any known owner: A searcher may begin with the name of the present owner and work…”
Timberland Resources, Inc. v. Vaught, 738 P.2d 1277 (Mont. 1987). · cites it 3× “At the time Trout Creek quitclaimed the property to Timberland and it was properly recorded, Section 7-4-2613, MCA, the requirements of Section 76-3-401, MCA, were met.”
Funke v. Strong, 2004 MT 291N (Mont. 2004). · cites it 2× “" Funke's was not so executed, because trust indentures are subject to all laws relating to mortgages on real property. See § 71-1-305, MCA. Recording laws are part of the mortgage laws.”
Marriage of Jones v. Poindexter, 833 P.2d 1044 (Mont. 1992). · cites it 2× “Under § 70-21-306, MCA, a purchaser takes property subject to prior judgments filed and recorded as provided in § 7-4-2613, MCA. However, no authority has been cited that a purchaser takes property subject to subsequent judgments against the seller.”
Mont. Code Ann. § 7-4-2613(2): 1 case
Funke v. Strong, 2004 MT 291N (Mont. 2004). “" Funke's was not so executed, because trust indentures are subject to all laws relating to mortgages on real property. See § 71-1-305, MCA. Recording laws are part of the mortgage laws.”
Mont. Code Ann. § 7-4-2613(l)(c): 1 case
Erler v. Creative Fin. & Investments, L.L.C., 2009 MT 36 (Mont. 2009). “On October 4, 1989, an acknowledged statement required by § 7-4-2613(l)(c), MCA, known as an INH-3, was recorded, indicating that Jamie Osburn’s joint tenancy interest in the property had terminated by Jamie’s death, thus transferring that interest to Leota Osburn (Osburn) as…”
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