Beneficiary Deeds (Transfer on Death Deeds) in Missouri

A beneficiary deed is one of the simplest ways to keep a home or other Missouri real estate out of probate. You keep full ownership during your lifetime, and the property passes to the people you name when you die.

How a Missouri Beneficiary Deed Works

Under RSMo 461.025, you sign a deed naming one or more beneficiaries and record it with the Recorder of Deeds in the county where the property sits. It must be recorded during your lifetime; an unrecorded beneficiary deed has no effect. After your death, the beneficiary records a certified death certificate to complete the transfer.

Benefits

• Avoids probate for that property.
• You stay in control. You can sell, refinance or lease the property, and the beneficiary has no rights until your death.
• Revocable. You can change beneficiaries or revoke the deed by recording a new document.
• Low cost compared with a trust, for people whose main asset is their home.

Things to Consider

• If a beneficiary who is your child or grandchild dies before you, their descendants generally take their share unless the deed says otherwise (RSMo 461.045).
• Multiple beneficiaries inherit as co-owners, which can lead to disagreements about selling.
• The property may still be reachable by estate creditors.
• A beneficiary deed only covers Missouri real estate. It works best as part of a complete estate plan.