Detailed Answer
This section explains how to ensure real estate becomes part of your Missouri estate for distribution or avoidance of probate.
1. Identify How the Property Is Titled
Review the current deed. If it’s solely in your name, it will pass through probate unless you take additional steps. Joint tenancy, tenancy by the entirety, or beneficiary deeds may change how the property transfers.
2. Use a Transfer-on-Death Deed
Under Missouri law, you can file a Transfer-on-Death Deed (TODD) to name a beneficiary who inherits at death without probate. Steps:
- Prepare the TODD form referencing the legal description of the property.
- Sign it in front of a notary public.
- Record with the county recorder of deeds before death. (See Mo. Rev. Stat. §461.015: https://revisor.mo.gov/main/OneSection.aspx?section=461.015)
3. Transfer into a Revocable Living Trust
Funding a trust avoids probate. Steps:
- Create a trust agreement naming yourself as trustee and successor trustees and beneficiaries.
- Execute a new deed (warranty or quitclaim) conveying the property to yourself as trustee.
- Sign in front of a notary and record with the county recorder.
4. Include in a Last Will and Testament
To pass property through probate under a will:
- Prepare a will that specifically devises the real property. (See Mo. Rev. Stat. §474.020 on formalities: https://revisor.mo.gov/main/OneSection.aspx?section=474.020)
- Sign before two witnesses who also sign.
- Keep the original will in a safe place; inform your executor.
5. Probate Administration (if not Avoided)
If property remains in your name alone at death, it passes through probate. Key probate steps:
- File a petition with the circuit court in the county where decedent lived.
- Appraise property value for estate inventory. (See Mo. Rev. Stat. §472.360)
- Pay valid debts and distribute remaining property per will or Missouri intestacy rules. (See Mo. Rev. Stat. Chapter 474)
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Always verify the legal description on deeds.
- Record deeds promptly to prevent title issues.
- Keep a copy of recorded documents in a secure location.
- Review beneficiary designations regularly.
- Consult an estate planning attorney to avoid unintended consequences.
- Update your plan after major life events (marriage, divorce, birth of a child).