Disclaimer: This information is for educational purposes and is not legal advice. Consult a qualified attorney for guidance.
Detailed Answer
When a decedent’s heirs wish to transfer their inherited interest in real property that lies outside Missouri, they must use the deed form recognized by the state where the property sits. Under Missouri law, heirs acquire title by operation of law upon intestate death (see RSMo 456.450), but to convey that interest they typically execute what is known in Missouri as an “Heirs’ Deed,” which is essentially a quitclaim deed conveying only the interest each signer owns.
For out-of-state property, heirs should:
- Select the proper deed type. Most jurisdictions accept a quitclaim deed or a warranty deed. A quitclaim deed transfers whatever interest the heirs hold without covenants. A general or special warranty deed provides title assurances but may require additional title searches or insurance.
- Prepare supporting documentation. Attach a certified copy of the decedent’s death certificate and either letters of administration (if the estate was probated) or an affidavit of heirship. Under Missouri law, an affidavit of heirship may be filed in the county where Missouri property lies (RSMo 456.450), but most other states have similar provisions.
- Execute the deed. All heirs who hold an interest must sign the deed before a notary public. The document must include the legal description of the property, the names of the heirs, the recitals of ownership, and clear conveyance language.
- Record in the appropriate county. Take the original, signed and notarized deed (plus supporting affidavits and certificates) to the recorder of deeds or land records office in the county where the property is located. Pay the applicable recording fee. The recorder will index the instrument in the grantor/grantee indexes and stamp it with the filing date (RSMo 59.230).
Helpful Hints
- Verify the out-of-state deed requirements online or by calling the local recorder’s office.
- Obtain a certified death certificate and certified letters if the estate was probated.
- Consider title insurance to protect against hidden claims.
- Confirm recording fees, transfer taxes or stamp duties in the jurisdiction where the property is located.
- Consult a real estate attorney in the property’s state for jurisdiction-specific nuances.