Detailed Answer — Re-recording or Updating a Joint Survivorship Deed in Missouri
Short answer: In Missouri a joint survivorship deed (usually titled as joint tenants with right of survivorship) generally passes ownership automatically to the surviving joint tenant(s) when a co-owner dies. To clear public records and show current ownership you typically record the deceased co-owner’s death certificate plus a short affidavit of survivorship (or a new deed from the surviving owner(s)). If the title is unclear, or the deed did not create a survivorship interest, you may need probate or a court action. This article explains common steps, when probate is required, and practical next steps.
1. Confirm how the property is titled
Start by obtaining a copy of the recorded deed from the county recorder (where the property is located). Look for language such as “joint tenants with right of survivorship” or “as joint tenants and not as tenants in common.” That language controls whether the survivor(s) automatically inherit outside probate. If the deed does not clearly state survivorship, the co-owners may be tenants in common and the deceased owner’s share likely passes through their will or intestacy (probate).
2. Get a certified copy of the death certificate
If the deed creates survivorship, obtain a certified copy of the deceased co-owner’s death certificate from the state or county vital records office. The recorder’s office usually requires a certified death certificate to record a document that clears title.
3. Prepare and record an affidavit or short form to clear title
Many Missouri counties accept a recorded Affidavit of Survivorship or an Affidavit of Death of Joint Tenant. Typical contents:
- Legal description of the property and reference to the recorded deed (book/page or instrument number).
- Name of deceased owner, date of death (attach certified death certificate), and statement that the recorded deed created a right of survivorship.
- Name(s) of surviving owner(s) and a statement that they are now sole owner(s).
- Notary acknowledgement and signature of the surviving owner(s).
Record that affidavit with the county recorder of deeds along with the certified death certificate and any required recording fee. Recording updates the public record so title companies, lenders, and buyers see the true owner.
4. Option: Record a new deed (sometimes called a “conveyance to self”)
Some surviving owners prefer to record a new deed (for example, a quitclaim or warranty deed) transferring the property from the surviving joint tenant(s) to the surviving tenant(s) in their new form of ownership (for example, from individual survivors to one survivor or into a revocable trust). A new deed requires the same elements (legal description, signature(s), notarization) and recording with the county recorder. This may make later transactions cleaner.
5. When probate or other court action is necessary
If the deed did not create survivorship (or if ownership is disputed, missing, or ambiguous), the deceased owner’s interest may require probate to transfer title. Common triggers for probate or court involvement:
- The deed is silent or ambiguous about survivorship.
- Multiple potential heirs dispute ownership.
- The county recorder rejects an affidavit because the recorded instrument or facts don’t match survivorship requirements.
- The property has liens, unpaid taxes, or a lender requiring release documents.
In those cases, you will likely open a probate estate or seek a quiet title action in circuit court to obtain a recorded order clearing title.
6. Watch for mortgages, taxes, and liens
A surviving owner takes title subject to existing liens and mortgages. Lenders may require paperwork (like a deed or loan modification) to remove the deceased owner from the loan. Also check for outstanding property taxes. Clearing title for sale or refinancing may require additional signed releases or payoffs.
7. Practical follow-up
- Contact the county recorder of deeds for the county where the property is located and ask what form they accept to show survivorship or death. County practice and acceptable forms vary.
- Consider ordering a title search or contacting a title company to confirm there are no unexpected encumbrances.
- If you intend to sell or refinance soon, a new recorded deed or a title company’s requirements may be necessary.
Where to check Missouri law and county rules: Missouri’s official statute and code website is available at the Missouri Revisor of Statutes (https://revisor.mo.gov). Recording and public-record statutes are generally handled by county recorder offices and are found in the Revisor’s chapters on public records; check your county recorder’s website for local recording fees, form requirements, and preferred affidavit language. For probate basics, the Missouri Courts website has general probate information (https://www.courts.mo.gov) and links to local circuit court clerks.
When to hire an attorney: Hire an attorney if you face disputed ownership, ambiguity in the deed, complex liens or mortgages, or if a county recorder refuses your affidavit. An attorney can prepare affidavits, deeds, or probate petitions and represent you in a quiet title action if necessary.
Disclaimer: This information is educational and not legal advice. Laws and county procedures change. For help tailored to your situation, consult a licensed Missouri attorney.
Helpful Hints — Practical Checklist to Clear Title After a Co-Owner’s Death
- Obtain the recorded deed and verify the survivorship language.
- Get a certified death certificate for the deceased co-owner.
- Call the county recorder’s office and ask what they need to show survivorship (typical: certified death certificate + affidavit of survivorship or a new deed).
- Prepare and notarize an affidavit of survivorship that cites the recorded deed (include legal description and instrument reference).
- Record the affidavit and death certificate with the county recorder; pay recording fees.
- If preferred, execute and record a new deed from the surviving owner(s) to the surviving owner(s) or to another entity (trust, LLC). Have it notarized and record it.
- Order a title search or contact a title company to confirm there are no liens or title defects.
- If the recorder rejects your filing or if ownership is contested, consult a Missouri attorney about probate or a quiet title action.
- Inform mortgage lenders and insurance companies of the death and record change to avoid surprises when selling or refinancing.