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The House That Skips Probate

Mo. Rev. Stat. § 461.025 — a beneficiary deed, filed of record before the owner's death

In Missouri, a deed that conveys real property to a grantee designated by the owner and expressly states that it is not to take effect until the owner's death transfers the interest to that grantee beneficiary at the death.

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The condition. The deed is executed and filed of record with the recorder of deeds in the city or county where the property is situated before the owner's death.

  • It need not be supported by consideration.
  • It need not be delivered to the grantee beneficiary.
  • It may transfer the interest to a trust estate, whether or not the trust is revocable.

Not the only way. The section does not rule out other methods of conveying that postpone enjoyment until the owner's death, and does not invalidate a deed otherwise effective that is not recorded until after the death.

Revoking a beneficiary deed, what happens when a beneficiary dies first, and creditor claims are in other sections of the same chapter and are not on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Missouri attorney.

Sources for this section (1)
  1. Mo. Rev. Stat. § 461.025 — Deeds effective on death of owner, recording, effect

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.

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