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How to fill out Montana MV40

A vehicle titled in the name of a trust cannot sign anything, so somebody has to prove they may sign for it. This is that proof: a one-page statement naming the trust, its trustee and any secondary or successor trustee, its grantor, and how many trustees have to sign before title to trust property can move. It comes out whenever a Montana title reads in the name of a family trust - increasingly often on a car that came through an estate plan rather than through probate - and it saves handing a county treasurer a forty-page trust instrument to read at the counter.

Written against MV40 (10/19), issued under prescribed by the Motor Vehicle Division for a vehicle held in trust; signed under MCA 45-7-203. Answer the how-many-trustees question from the trust instrument, not from what feels reasonable. If the deed requires all trustees to act together and this form says one may sign, the title transfer that follows was made by somebody who did not have authority to make it - and that is a problem that surfaces long after the car has gone.

Two documents, and they are not the same thing. Take the blank MV40 from the mvdmt.gov copy so you get the revision that is current today, then print our MV40 guide and keep it beside you while you fill theirs in.

Filled in

What a completed one looks like

This is the actual MV40, rendered from the PDF the Montana Department of Justice, Motor Vehicle Division, Vehicle Services Bureau publishes and completed end to end: letterhead, every field, and the blocks at the foot.

A completed Montana MV40 Statement of Trustee, made in the State of Montana, County of Fergus. Delphine R. Kowalchuk certifies that the Kowalchuk Family Revocable Living Trust dated 14 March 2011 has been created, that she is the trustee, and that the grantor was Orval T. Kowalchuk. The first tick option is marked, settling how many trustees may sign to transfer title to trust property, and the statement is dated 07/09/2026. The second-line continuation fields, the secondary and successor trustee blocks and the attorney's date line are shaded grey.
Rendered from the division's own PDF and completed by a sole acting trustee. The successor-trustee blocks are shaded because the original trustee is the one signing - they are the fields that matter when the person named in the trust deed has died and somebody else has stepped in.
Field by field

Every line, in the order you meet it

  1. 1
    You fill this in

    Where the statement is made

    State and county.

    Watch out: This form carries no notary block, so these two lines are simply where you are. They are not an acknowledgement and no seal belongs beside them.

  2. 2
    You fill this in

    The trust, by its full name

    The name of the trust as the title records it, with a second line for a long one.

    Watch out: Include the date in the name if the title does - Kowalchuk Family Revocable Living Trust dated 14 March 2011 and the same trust without a date read as two different owners at a counter.

  3. 3
    You fill this in

    Trustee, successor trustee, grantor

    Who is acting, who steps in, and who created the trust.

    Watch out: Fill the successor line even when the original trustee is signing today. It is the field a treasurer looks at first when the person on the title deed has died.

  4. 4
    You fill this in

    How many trustees may sign

    One of three tick options, with a number where a specific count applies.

    Watch out: Take this from the trust instrument. It is the only fact on the form the county cannot check any other way, and it is the one that authorises the signature on the title.

  5. 5
    You fill this in

    Sign and date it

    One signature, with a separate date line beneath for the trust's attorney where one is involved.

    Watch out: The statement travels with the title paperwork it describes. Sent on its own, it is a document about a trust with no vehicle attached to it.

At a glance

What goes where

On the formWhat to put in it
State of, County ofWhere the statement is made.
I, ... having the authority to make this statement, certify thatThe person signing, and the assertion that they have authority to make the statement at all.
The following named trust has been createdThe trust's full name, over two lines, as the title records it.
and the Trustee(s) isThe acting trustee or trustees, over two lines.
or the Secondary or Successor Trustee(s) isThe person who steps in - the block that matters when the original trustee has died or resigned.
And the grantor(s) isWho created the trust.
The appointment and authority statementThat the named person was appointed trustee, is acting as trustee, and has full power and authority to transfer title to all property held by the trust, including motor vehicles and vessels; and that the vehicle identified in the attached title paperwork is part of the trust.
How many trustees may signThree tick options with a number blank, settling whether one trustee, all trustees, or a stated number may sign to transfer title to all property.
Signature and dateOne block, with a second date line beneath for the trust's attorney where one signs.

What gets this one rejected

Rules that decide whether it is accepted

Every line here was read off MV40 (10/19) itself — the PDF is here — and off the Montana Department of Justice, Motor Vehicle Division, Vehicle Services Bureau pages. This is plain-language help with a form, not legal advice, and where our wording and the agency's differ, theirs governs.

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