Missouri Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Missouri a transfer on death deed is called a beneficiary deed. It is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (RSMo 461.025).

2. 2

   During your life the deed has no effect on your ownership. Because it does not take effect until your death, you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die (RSMo 461.025.1).

3. 3

   The deed must be signed and acknowledged before a notary, like any recordable Missouri deed. Missouri does not require witnesses for a beneficiary deed.

4. 4

   The deed transfers the property only if it is executed and filed of record with the recorder of deeds in the city or county where the property is located before your death (RSMo 461.025.1). There is no fixed day deadline, but recording before death is required.

5. 5

   The deed must expressly state that it is not to take effect until your death. It need not be supported by consideration or delivered to the beneficiary, and it may transfer the property to a trust (RSMo 461.025.1).

6. 6

   The deed is revocable. A later recorded beneficiary designation revokes an earlier one, and transferring the property during your life terminates the designation. A will may not revoke or change the designation unless the deed expressly grants that right (RSMo 461.033).

7. 7

   The deed avoids probate for the property, but it does not erase debts. The beneficiary takes the property subject to any mortgages and liens against it at your death.

Missouri Requirements for Transfer on Death Deed

• Use a Missouri Beneficiary Deed

  Missouri calls this instrument a beneficiary deed (RSMo 461.025). The deed must name a grantee beneficiary and must expressly state that it is not to take effect until the death of the owner. Missouri does not prescribe a fill-in form, so the deed must meet the statutory requirements.

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the parcel or locator number. A street address alone is not enough to record the deed with the recorder of deeds.

• Name the Beneficiary and an Alternate

  The full legal name of the grantee beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive. A trust may be named as the beneficiary (RSMo 461.025.1).

• State That It Takes Effect at Death

  The deed must expressly state that it is not to take effect until the death of the owner (RSMo 461.025.1). Without that statement the document does not work as a beneficiary deed and does not transfer the property outside probate.

• Notarize the Signature; No Witnesses

  The owner must sign the deed and have the signature acknowledged before a notary, like any recordable Missouri deed. Missouri does not require witnesses for a beneficiary deed. Without acknowledgment the deed cannot be recorded.

• File With the Recorder of Deeds Before Death

  The deed transfers the property only if it is executed and filed of record with the recorder of deeds in the city or county where the property is located before the owner death (RSMo 461.025.1). There is no fixed day deadline, so record promptly.

• Revocation Only by Statutory Means

  A later recorded beneficiary designation revokes an earlier one, and transferring the property during life terminates the designation (RSMo 461.033). A will may not revoke or change the designation unless the deed expressly grants that right.

• Property Passes Subject to Claims

  The deed avoids probate for the property, but the beneficiary takes it subject to any mortgages and liens on it at the owner death. A mortgage, tax lien, or judgment on the property stays with the property.