Transfer on Death Deed Laws in Missouri
Missouri allows beneficiary deeds under its own statute, RSMo 461.025, and the deed must be executed and recorded with the recorder of deeds before the owner dies.
Last checked . General information, not legal advice.
Missouri at a glance
- TOD deed allowed
- Yes (beneficiary deed)
- Uniform act adopted
- No, own statute
- Missouri's beneficiary deed law dates from 1989 and predates the 2009 uniform act.
- Recording rule
- Before the owner's death
- Must be filed of record with the recorder of deeds where the property is located.
The rules in Missouri
Does Missouri allow transfer on death deeds for real estate?
Yes (beneficiary deed). TOD deed allowed in Missouri: yes (beneficiary deed).
Has Missouri adopted the Uniform Real Property Transfer on Death Act?
No, own statute. Uniform act adopted in Missouri: no, own statute. Missouri's beneficiary deed law dates from 1989 and predates the 2009 uniform act.
When must a transfer on death deed be recorded in Missouri?
Recording rule in Missouri: Before the owner's death. Must be filed of record with the recorder of deeds where the property is located.
Where do the Missouri transfer on death deed laws come from?
The rules above come from Mo. Rev. Stat. 461.025. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.
A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.
Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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