Skip to content
ClosingCodeClosingCode
ENES

Montana · RecordingMontana deed requirements: acknowledgment or proof before recording

Montana requires an acknowledgment or a proof before a deed can be recorded. Unless the instrument belongs to one of the classes listed in MCA 70-21-205 or 70-21-207, its execution must be acknowledged – as acknowledgment is defined in MCA 1-5-602 – by the person executing it, or, if executed by a corporation, by its president, vice president, secretary or assistant secretary, or another person authorized by corporate resolution. Alternatively, execution may be proved by a subscribing witness or as MCA 1-5-302 and 1-5-303 provide, and that proof must be notarized under Title 1, chapter 5 (MCA 70-21-203). In practice, the closing agent makes sure each grantor signs before a notary, or that a corporate grantor's signer is an officer or authorized by resolution.

What the statutes set

  1. Acknowledgment (MCA 70-21-203(1)(a))

    By the person executing the instrument.

  2. Corporations (MCA 70-21-203(1)(b))

    President, vice president, secretary, assistant secretary or a person authorized by resolution.

  3. Proof (MCA 70-21-203(2))

    By a subscribing witness, notarized.

  4. Exceptions (MCA 70-21-203)

    Instruments in the classes of 70-21-205 and 70-21-207.

What the TC checks before a Montana deed goes to record

  • Confirm the deed is signed by every grantor and acknowledged or proved as the statute requires.
  • Check the notary certificate and any witness signatures against the recording rules.
  • Track recording and the return of the recorded deed as tasks after closing.

Questions about Montana deed requirements

Does a Montana deed have to be notarized to be recorded?

Yes, unless it falls in an excepted class: execution must be acknowledged by the signer, or proved by a subscribing witness with the proof notarized (MCA 70-21-203).

Who acknowledges a deed from a Montana corporation?

Its president, vice president, secretary or assistant secretary, or another person authorized by corporate resolution (MCA 70-21-203(1)(b)).

Related guides

Track deed review and recording as tasks on the deal in ClosingCode.

Start free trial

Source: MCA 70-21-203 (leg.mt.gov, MCA 2025), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.