Transfer-on-Death Deed

TRANSFER-ON-DEATH (BENEFICIARY) DEED — MISSOURI

TABLE OF CONTENTS

1. Instructions and Overview
2. Beneficiary Deed Form
3. Revocation of Beneficiary Deed
4. Recording Requirements
5. Multiple Beneficiaries
6. Effect at Owner's Death
7. Liens, Mortgages, and Encumbrances
8. State-Specific Notes
9. Sources and References

1. INSTRUCTIONS AND OVERVIEW

Checklist — Before Recording:

☐ Owner has verified legal ownership of the property

☐ Legal description has been verified against the current deed of record

☐ All grantee beneficiaries are identified by full legal name

☐ Deed has been reviewed by a licensed Missouri attorney

☐ Deed has been acknowledged before a notary public

☐ Deed will be filed with the recorder of deeds in the city or county where the property is situated

☐ Owner understands the deed is revocable and has no effect until death

☐ Owner understands existing liens and mortgages remain effective

☐ If property is homestead, spousal considerations have been reviewed

2. BENEFICIARY DEED FORM

BENEFICIARY DEED
(Transfer-on-Death Deed)

Pursuant to RSMo § 461.025

Return recorded document to:
[________________________________]
[________________________________]
[________________________________]

Property Address:
[________________________________]
[________________________________]

Locator Number / Tax Parcel ID: [________________________________]

NOTICE

THIS BENEFICIARY DEED CONVEYS AN INTEREST IN REAL PROPERTY TO THE GRANTEE BENEFICIARY DESIGNATED HEREIN. THIS DEED IS NOT TO TAKE EFFECT UNTIL THE DEATH OF THE OWNER. THE OWNER RETAINS FULL POWER AND AUTHORITY OVER THE PROPERTY DURING HIS OR HER LIFETIME. THIS DEED IS REVOCABLE.

OWNER (GRANTOR) INFORMATION

I, [________________________________] ("Owner"), of [________________________________] (city/town), County of [________________________________] (or City of St. Louis), State of Missouri, being the owner of the real property described below, hereby make this Beneficiary Deed pursuant to RSMo § 461.025.

Date of Birth: [__/__/____]
Marital Status: [________________________________]

GRANTEE BENEFICIARY DESIGNATION

I designate the following individual(s) or entity(ies) as grantee beneficiary(ies) to receive the described real property, effective upon my death:

Primary Grantee Beneficiary(ies):

Alternate Grantee Beneficiary (if all primary grantee beneficiaries predecease Owner):

Name: [________________________________]
Address: [________________________________]

PROPERTY DESCRIPTION

The real property subject to this Beneficiary Deed is located in the County of [________________________________] (or City of St. Louis), State of Missouri, and is more particularly described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Locator Number / Tax Parcel ID: [________________________________]

Being the same property conveyed to the Owner by deed recorded in Book [____], Page [____] (or Document No. [________________________________]), in the Office of the Recorder of Deeds of [________________________________] County (or City of St. Louis), Missouri.

BENEFICIARY DEED DESIGNATION

Pursuant to RSMo § 461.025, I hereby convey my interest in the above-described real property to the designated Grantee Beneficiary(ies). This deed is not to take effect until my death.

Upon my death, my interest in the above-described real property shall transfer to the designated Grantee Beneficiary(ies), subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests made by me or to which I was subject during my lifetime.

I understand and acknowledge that:

1. This deed does not take effect until my death (RSMo § 461.025).
2. I retain full ownership and control of the property during my lifetime.
3. I may revoke this deed at any time before my death.
4. The grantee beneficiary receives no interest in the property until my death.
5. This deed does not require consideration or delivery to the grantee beneficiary.
6. This deed is nontestamentary.
7. The property transfers subject to all existing encumbrances at my death.
8. This deed does not preclude other methods of conveyancing permitted by law (RSMo § 461.025.5).

OWNER'S SIGNATURE

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF MISSOURI
COUNTY OF [________________________________] (or CITY OF ST. LOUIS)

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she/they executed the same voluntarily for the purposes therein contained.

Witness my hand and official seal.

Notary Public: ________________________________________
My Commission Expires: [__/__/____]
Commission Number: [________________________________]

[NOTARIAL SEAL]

3. REVOCATION OF BENEFICIARY DEED

Under RSMo § 461.025, a beneficiary deed may be revoked by:

Method 1: Subsequent Beneficiary Deed

☐ Execute a new beneficiary deed for the same property

☐ Record the new deed with the recorder of deeds (the later deed supersedes the earlier one)

Method 2: Instrument of Revocation

☐ Execute and acknowledge a written revocation instrument

☐ Record the revocation with the recorder of deeds

Method 3: Inter Vivos Conveyance

☐ Convey the property to another person during your lifetime by recorded deed

☐ If all interest is conveyed, the beneficiary deed is effectively revoked

4. RECORDING REQUIREMENTS

5. MULTIPLE BENEFICIARIES

• Multiple grantee beneficiaries hold as tenants in common unless the deed specifies otherwise
• To create a joint tenancy with right of survivorship, the deed must expressly state this
• If a grantee beneficiary predeceases the owner, that share lapses unless an alternate is designated or antilapse provisions apply
• A beneficiary deed may designate a trust as grantee beneficiary (RSMo § 461.025.3)

6. EFFECT AT OWNER'S DEATH

Under RSMo § 461.025:

• The property transfers to the designated grantee beneficiary(ies) upon the owner's death
• Transfer is subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests existing at the time of death
• The grantee beneficiary takes subject to any claims against the owner's estate if other assets are insufficient
• The property is NOT subject to the owner's will (the beneficiary deed controls)
• RSMo § 461.073 may allow creditors to reach the transferred property if the probate estate is insufficient

7. LIENS, MORTGAGES, AND ENCUMBRANCES

The beneficiary deed does NOT eliminate any existing obligations on the property:

☐ Outstanding mortgages and deeds of trust remain in effect

☐ Property tax liens continue to encumber the property

☐ Judgment liens against the owner survive the transfer

☐ Mechanic's liens and other statutory liens remain effective

☐ HOA and subdivision assessments continue to apply

☐ Federal and state tax liens remain effective

8. STATE-SPECIFIC NOTES

Homestead Exemption

• Missouri provides a homestead exemption of up to $15,000 (RSMo § 513.475)
• The beneficiary deed does not affect the homestead exemption during the owner's lifetime

Missouri Estate Tax

• Missouri does NOT impose a state estate tax (the Missouri estate tax was tied to the state death tax credit, which was eliminated by federal law)
• Federal estate tax rules still apply

Medicaid / MO HealthNet

• Missouri Medicaid (MO HealthNet) estate recovery may apply to property transferred by beneficiary deed after the owner's death
• A beneficiary deed does NOT protect property from Medicaid estate recovery
• RSMo § 473.398 governs Medicaid estate recovery in Missouri
• Consult an elder law attorney for Medicaid planning

Creditor Claims (RSMo § 461.073)

• Important: Under RSMo § 461.073, if the owner's probate estate is insufficient to pay debts and obligations, nonprobate transfers (including beneficiary deeds) may be subject to claims
• The grantee beneficiary may be liable for the owner's debts to the extent of the value of the property received

Community Property

• Missouri is NOT a community property state
• Missouri follows the common law (equitable distribution) system
• Spousal elective share rights may affect beneficiary deed transfers

Transfer to Trust

• RSMo § 461.025.3 expressly permits a beneficiary deed to transfer an interest to a trust estate, regardless of its revocability
• This allows integration of the beneficiary deed with broader trust-based estate planning

Title Insurance

• Missouri title companies are generally familiar with beneficiary deeds (the statute has been in effect since 1989)
• A certified death certificate and affidavit of survivorship are typically required for title clearance

9. SOURCES AND REFERENCES

• RSMo § 461.025 (Beneficiary Deeds): revisor.mo.gov
• RSMo Chapter 461 (Nonprobate Transfers Law): law.justia.com
• RSMo § 461.073 (Creditor Claims Against Nonprobate Transfers): revisor.mo.gov
• RSMo § 513.475 (Homestead Exemption): revisor.mo.gov
• RSMo § 473.398 (Medicaid Estate Recovery): revisor.mo.gov

This template is provided for informational and educational purposes only. It does not constitute legal advice. Consult a licensed Missouri attorney before executing any estate planning document.

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