Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
In Missouri, some real property interests transfer outside the probate process. Common non-probate mechanisms include joint tenancy with right of survivorship, life estates, and transfer on death (TOD) deeds under Mo. Rev. Stat. §461.026. When real property is titled in joint tenancy, surviving co-owners automatically gain full title upon death. Similarly, a valid TOD deed names a beneficiary who inherits the property outside of probate (Mo. Rev. Stat. §461.026).
However, a will governs probate assets only. It cannot override deeds or beneficiary designations that already direct property outside probate. You must probate the will to:
- Transfer title to assets solely in the decedent’s name (bank accounts, personal property, or real estate without a non-probate mechanism).
- Settle the decedent’s debts and estate administration costs under Mo. Rev. Stat. §473.033.
- Obtain court-issued Letters Testamentary, which financial institutions often require to release funds or transfer assets.
- Clear title marketability for properties that lack a named beneficiary or surviving joint tenant.
- Ensure distribution complies with the decedent’s final wishes and Missouri’s intestacy laws if the will is invalid or ambiguous.
Even if your home passed directly to a spouse or co-owner, the will may still control other assets or disputed property interests. Probate ensures the estate closes properly, creditors get paid, and the court confirms distribution.
Helpful Hints
- Review all deed records early to identify non-probate transfers.
- Confirm whether any real property uses a TOD deed or joint tenancy deed.
- Consult an estate attorney to determine which assets require probate.
- Maintain an up-to-date list of assets and beneficiary designations.
- File probate within 30 days of learning of the decedent’s death to avoid penalties (Mo. Rev. Stat. §474.360).