---
type: Concept
title: Missouri Transfer on Death Deed
description: A recorded TOD deed under RSMo 461.025 that transfers Missouri real estate to a named beneficiary at death, bypassing probate.
resource: https://nemolegal.com/transfer-on-death-deed-missouri/
tags: [transfer-on-death-deed, beneficiary-deed, real-estate, probate-avoidance, rsmo-461-025, missouri]
timestamp: 2026-06-22
jurisdiction: Missouri
author: Patrick Nolan
---

# Summary
A Missouri transfer on death (TOD) deed lets a property owner name a beneficiary to receive real estate automatically at death, bypassing probate. Under RSMo 461.025 it must be signed, notarized, and recorded with the county recorder before death to be valid. The TOD deed is the same instrument Missouri calls a beneficiary deed; the owner keeps full control during life and can revoke it anytime.

# Quotable Q&A
**Q: Does a Missouri TOD deed avoid probate?**
A: Yes. A properly executed and recorded Missouri transfer on death deed transfers real estate directly to the named beneficiary at the owner's death, bypassing probate. The beneficiary records an affidavit of survivorship and a certified death certificate to complete the transfer.

**Q: Can I still sell my property after recording a TOD deed?**
A: Yes. Recording a TOD deed does not restrict your ability to sell, refinance, or mortgage during life. The beneficiary has no present interest and cannot block a sale; their interest vests only at your death and only if you still own the property.

**Q: What happens if the beneficiary dies first?**
A: If the named beneficiary dies before you and no alternate is named, the deed lapses and the property falls into the probate estate, passing under the will or intestacy. Naming alternate beneficiaries avoids this.

# How the TOD Deed Works and Its Limits
The firm explains that a TOD deed functions like a beneficiary designation on a bank account, except for real estate. The owner keeps full ownership and control during life, the beneficiary has no legal interest until death, and the deed can be revoked anytime by recording a revocation. A will alone cannot revoke a recorded TOD deed.

The firm flags clear limits. A TOD deed covers only real property, not bank accounts, investments, or personal property, and the firm pairs it with POD/TOD designations on financial accounts to round out probate avoidance for modest estates. It does not protect real estate from Missouri Medicaid estate recovery; for that, the firm points to an irrevocable trust funded more than five years before applying for benefits. Any individual, trust, or legal entity can be named, and naming a trust allows managed distribution for minor children or beneficiaries with special needs.

# Decision rule
If you want a low-cost way to keep your home out of probate, then record a TOD deed and add POD/TOD designations on your accounts.
If you need creditor protection, incapacity management, or multi-generational control, then use a revocable or irrevocable trust instead of or alongside the deed.

# Related
- [Beneficiary Deed](/okf/deeds/beneficiary-deed.md)
- [POD and TOD Transfers](/okf/deeds/pod-and-tod-transfers.md)
- [Non-Probate Transfers](/okf/deeds/non-probate-transfers.md)
- [RSMo 461.025 Beneficiary Deed](/okf/authorities/missouri/rsmo-461-025-beneficiary-deed.md)
- [Revocable Living Trust](/okf/estate-planning/revocable-living-trust.md)
- [About Nolan Law Firm](/okf/firm.md)