Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
In Missouri, when a homeowner dies without a will, the estate passes through probate under the state’s intestate succession laws. Real property such as a home must go through administration in the probate division of the circuit court. Missouri defines intestate distribution in Mo. Rev. Stat. §474.070 and governs administration in Mo. Rev. Stat. §472.030. Here’s how title typically transfers:
- Open Probate and Petition for Administration. An interested person files a petition in the circuit court probate division to appoint an administrator.
- Appointment of Administrator. The court issues Letters of Administration under Mo. Rev. Stat. §472.030. The administrator gains authority to manage and distribute estate assets.
- Inventory and Appraisal. The administrator lists all assets, including the home, and obtains a court-approved appraisal.
- Determine Heirs. The court identifies heirs under Mo. Rev. Stat. §474.070. Spouses and children usually inherit first, then other relatives if none.
- Court Order for Distribution. Once debts and taxes are paid, the administrator asks the court to approve a distribution plan and issue an order to transfer the home.
- Recording the New Deed. The administrator signs a deed conveying the property to the heirs. Absent a deed stating joint tenancy, heirs take title as tenants in common by default. The deed must record with the county recorder of deeds.
- Co-ownership and Partition. Heirs share the home as tenants in common. Missouri law lets any co-owner file for partition if they can’t agree on selling or keeping the property.
Helpful Hints
- Gather the decedent’s death certificate and property deed early.
- Contact the local probate court clerk for filing requirements.
- Consider a small estate affidavit for personal property (not real estate).
- Check for a transfer-on-death deed; Missouri recognized TOD deeds in 2011.
- Obtain a professional appraisal to establish property value.
- Maintain clear communication among all heirs to prevent disputes.
- Hire a real estate or probate attorney if the estate is complex or contested.