Directions for completing the Form:

Top of page:  Under return to:  Print in the names of the remainderman/declarant and mailing address of each.

  1. As the surviving remainderman: List the name of the person(s) entitled to the property held in the life estate.  In other words, list the name of each of the remainderman.
  2. At (2): On line 1 print the full name of the life tenant as it appears in the life estate deed.  On line 2 print the date of death listed on the death certificate of the deceased life tenant.
  3. Write in the name of the county where the property is located.
  4. Legal Property Description: Write the exact legal description of the property provided on the latest deed. You may attach on a separate piece of paper if the legal description exceeds the available space.
  5. Repeat the name of the county where the real property in the life estate is located.
  6. A federal estate tax return does not need to be filed unless the estate during 2023 exceeds $12.92 million.
  7. Signature(s) of the remainderman/declarant. Have each remainderman/declarant sign the document on the appropriate line.
  8. Has the information for the Notary to complete.

Note:  For this form to effectively terminate the interest of a deceased life tenant, it must be recorded with the County Clerk and Recorder’s office where the land is located.  There is a recording fee of $8.00 per page if the form is standard.  The form meets statutory standard requirements found in § 7-4-2636 MCA.


Download Form