MontanaHB 46469th Legislature, Regular Session (2025)HouseWALLET

Revise insurance laws relating to interest of a named insured and change of interest by transfer on death

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

Insurance

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Home insurance continues after death

When a named homeowner dies, property insurance does not end. The coverage passes to whoever inherits the owner’s interest by will, succession, or a transfer-on-death deed. For transfer-on-death property, the beneficiary is treated like the named insured unless they disclaim the property. This temporary coverage ends at the earliest of 45 days after death, the policy’s end date, or when the beneficiary gets a new policy. Other insured household members keep any coverage given by the policy. The policy still only covers the owner’s share, and moving shares among co-owners does not cancel it.

Transfer-on-death heirs take liens, no warranty

If you get property by a transfer-on-death deed, you take it with any mortgages, liens, contracts, and other claims that exist at death. For legal priority, the deed counts as recorded at the owner’s death. The deed gives no warranty of title, even if it says otherwise, so you bear the risk of title problems.

Clear rules for transfer-on-death heirs

When the owner dies, a valid transfer-on-death deed gives the property to the named beneficiary if the owner still owned it. A beneficiary must outlive the owner to take; otherwise the share lapses. If there are several beneficiaries, they get equal, undivided shares with no right of survivorship, and any lapsed share goes to the others by their shares. If another joint owner survives, that survivor keeps the property by right of survivorship; the deed works only if the decedent was the last joint owner.

Sponsors & Cosponsors

Sponsor

  • Steve Fitzpatrick

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 488 • No: 0

House vote 4/15/2025

Do Concur

Yes: 97 • No: 0

House vote 4/14/2025

Do Concur

Yes: 96 • No: 0

House vote 4/3/2025

Do Concur

Yes: 50 • No: 0

House vote 4/2/2025

Do Concur

Yes: 50 • No: 0

House vote 3/1/2025

Do Pass

Yes: 97 • No: 0

House vote 2/28/2025

Do Pass

Yes: 98 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House
  2. Signed by Governor

    5/1/2025House
  3. Signed by President

    4/22/2025Senate
  4. Signed by Speaker

    4/18/2025House
  5. Returned from Enrolling

    4/15/2025House
  6. Sent to Enrolling

    4/15/2025House
  7. 3rd Reading Passed as Amended by Senate

    4/15/2025House
  8. 2nd Reading Senate Amendments Concurred

    4/14/2025House
  9. Returned to House with Amendments

    4/3/2025Senate
  10. 3rd Reading Concurred

    4/3/2025Senate
  11. 2nd Reading Concurred

    4/2/2025Senate
  12. Committee Report--Bill Concurred as Amended

    3/20/2025Senate
  13. Committee Executive Action--Bill Concurred as Amended

    3/19/2025Senate
  14. Hearing

    3/15/2025Senate
  15. Referred to Committee

    3/4/2025Senate
  16. First Reading

    3/3/2025Senate
  17. 3rd Reading Passed

    3/1/2025House
  18. 2nd Reading Passed

    2/28/2025House
  19. 2nd Reading Pass Consideration

    2/27/2025House
  20. Committee Report--Bill Passed

    2/24/2025House
  21. Committee Executive Action--Bill Passed

    2/24/2025House
  22. Hearing

    2/14/2025House
  23. First Reading

    2/13/2025House
  24. Referred to Committee

    2/13/2025House
  25. Introduced

    2/12/2025House

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 2)

    3/20/2025

  • Introduced

    2/12/2025

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