FAQ: If a survey shows the property was conveyed out of my mother’s estate decades ago, do I still have any interest under Missouri law?

Short answer: If a properly recorded deed shows the property was lawfully conveyed out of your mother’s estate years ago, you most likely do not own that property now. However, there are circumstances (fraud, forgery, lack of authority, or other defects) that can allow heirs or the estate to challenge the conveyance. You should confirm the chain of title, review probate records, and consult a Missouri attorney if you think the conveyance may be invalid.

Detailed answer — how this works in Missouri

When a decedent’s real property is transferred, title generally passes according to either a valid deed or by operation of Missouri probate law. If a deed arising from your mother’s estate was executed and recorded decades ago, the person named in that deed (and their successors) normally holds legal title.

Key reasons the recorded conveyance usually ends an heir’s ownership claim:

Recorded deeds give public notice. Missouri title records are the primary way the public learns who holds property rights. A deed recorded decades earlier typically establishes a chain of title that is difficult to undo.
Possession and market reliance. Subsequent owners, lenders, and purchasers who relied on the recorded deed may have protected interests. Courts favor the stability of title when long-term, good-faith reliance exists.
Statutes of limitation and laches. Delays in asserting a claim can bar relief. Missouri’s statutes of limitation and equitable doctrines can prevent very old challenges to title; see Missouri Revised Statutes, Chapter 516 (statutes of limitation): https://revisor.mo.gov/main/OneChapter.aspx?chapter=516

When you might still have a valid claim

There are several important exceptions where you or the estate could still have a remedy:

Fraud or forgery. If the deed was forged, or obtained by fraud, a court can set it aside and restore title.
Improper authority. If the person who signed or conveyed the property lacked authority (for example, an executor who exceeded powers, or a deed executed without required signatures), the conveyance could be void or voidable.
Failure to follow probate procedures. If probate rules were not followed and the property should never have been transferred out of the estate, a court may be able to correct the record. See Missouri statutes on probate administration for procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
Undue influence or incapacity. If your mother lacked capacity when the deed was signed or was subjected to undue influence, that may invalidate the transfer.
Clerical or recording errors. Sometimes deeds appear to convey more or different property than intended due to errors in legal descriptions; a corrective action or reformation may be possible.

Practical confirmation steps (what to check first)

Obtain a certified copy of the recorded deed(s). Ask the county recorder/recorder of deeds where the property sits for copies of the deed and the mortgage/encumbrance history.
Get the probate file. Request the probate case file for your mother’s estate from the county probate court to see what was administered and what orders were entered. County probate clerks can provide records or direct you to online records where available.
Order a title search or talk to a title company. A professional title search will show the full chain of title and any liens, judgments, or claims that affect ownership.
Review dates and signatures. Confirm who signed the deed, when it was recorded, and whether required parties (spouse, guardian, executor) were involved.
Consider the statute of limitations. Timely action matters. If many years have passed, certain challenges may be barred under Missouri’s statutes of limitation and related case law: https://revisor.mo.gov/main/OneChapter.aspx?chapter=516

Legal remedies that might apply

Depending on facts, remedies in Missouri may include:

Quiet title action — to clear or confirm ownership in court.
Action to set aside void or voidable deed — for fraud, forgery, undue influence, or lack of authority.
Reformation — to correct errors in a deed’s legal description.
Claims against a personal representative or fiduciary — if a fiduciary improperly transferred estate property, beneficiaries may have claims under Missouri fiduciary and probate law: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473

Helpful hints

Don’t destroy or alter documents. Preserve your mother’s original will, deed copies, and any correspondence about the transfer.
Start with public records. The county recorder’s office and the probate court records are primary sources that will quickly show whether a deed was recorded and what the probate case contained.
Order a title report. A title company will map the chain of ownership and flag outstanding claims.
Act promptly. If you suspect fraud or an improper transfer, seek advice quickly — statutes of limitation and equitable defenses can block old claims.
Document your position. Keep records showing your relationship to the decedent, communications about the property, and any evidence suggesting the transfer was improper.
Consider mediation for neighbors or family. If the transfer led to family disputes, informal resolution can save time and expense, but only after understanding legal positions.
Consult a Missouri attorney. An attorney experienced in Missouri real estate and probate law can evaluate whether the deed was valid, whether the estate was properly administered, and what relief (if any) remains available.

Key Missouri statutory resources: Probate and estate administration rules: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474; Statutes of limitation (claims against property and actions to recover real property): https://revisor.mo.gov/main/OneChapter.aspx?chapter=516; General fiduciary duties and administration: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.

Next practical step: If a survey and recorded deed show the property left your mother’s estate decades ago, start by getting copies of the deed and the probate file and order a title search. If anything suggests the conveyance was invalid (forgery, fraud, lack of authority, clerical error), contact a Missouri attorney promptly to preserve rights and evaluate remedies.

Disclaimer: This article provides general information about Missouri law and is not legal advice. It does not create an attorney-client relationship. For advice about specific facts or to start a legal action, consult a licensed Missouri attorney.