Missouri’s transfer on death deed is one of the simplest and most effective tools for keeping real estate out of probate. Unlike a will, a TOD deed transfers property directly to the named beneficiary at death—no court, no delay, no public record of the transfer. And unlike a joint tenancy, it doesn’t give the beneficiary any rights to the property while the owner is still alive.
Patrick Nolan of Nolan Law Firm in Kirksville, Missouri prepares transfer on death deeds as part of comprehensive Missouri estate plans.
How a Missouri Transfer on Death Deed Works
Under RSMo §461.025, a Missouri TOD deed is a recorded instrument that designates one or more beneficiaries to receive real property upon the owner’s death. It functions like a beneficiary designation on a bank account—except for real estate. The key features: the owner keeps full ownership and control during their lifetime, the beneficiary has no legal interest until death, the deed can be revoked anytime by recording a revocation, and the transfer happens outside probate.
Requirements for a Valid Missouri TOD Deed
A Missouri transfer on death deed must: be in writing, identify the property by legal description, name one or more beneficiaries, be signed by the owner while competent, be notarized, and be recorded with the county recorder of deeds before the owner’s death. Recording is the critical step—an unrecorded TOD deed is ineffective. The deed does not need to be delivered to the beneficiary during the owner’s lifetime.
What Happens If the Beneficiary Dies First?
If the named beneficiary dies before the property owner and no alternate beneficiary is named, the TOD deed lapses. The property then falls into the probate estate and passes under the will or intestacy laws. To avoid this, Missouri TOD deeds should name alternate beneficiaries or use language addressing lapse situations.
Revoking a Missouri TOD Deed
The owner can revoke a TOD deed at any time during their lifetime by recording a written revocation with the same county recorder where the original deed was filed. The beneficiary has no right to contest or block a revocation. A subsequent TOD deed naming a different beneficiary also operates as a revocation of the earlier deed.
TOD Deed vs. Other Probate-Avoidance Tools
A TOD deed is simpler and less expensive than a revocable living trust, but it has limitations. It covers only real property—not bank accounts, investments, or personal property. A trust covers all assets placed in it and offers additional benefits: creditor protection, multi-generational planning, and management during incapacity. For most Missouri homeowners with modest estates, a TOD deed combined with POD/TOD designations on financial accounts can accomplish probate avoidance without a trust. See our guide on how to avoid probate in Missouri for the full picture, and our overview of Missouri revocable living trusts for comparison.
Medicaid and Estate Recovery Considerations
A TOD deed does not protect real estate from Missouri Medicaid estate recovery. Upon the owner’s death, Missouri can still seek reimbursement for long-term care Medicaid benefits paid, even if the property transferred via TOD deed. For Medicaid asset protection, an irrevocable trust funded more than five years before applying for benefits is a stronger tool.
Frequently Asked Questions: Missouri Transfer on Death Deed
Does a Missouri TOD deed avoid probate?
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 the probate court entirely. The beneficiary records an affidavit of survivorship and a certified copy of the death certificate to complete the transfer.
Can I still sell my property after recording a TOD deed in Missouri?
Yes. Recording a TOD deed does not restrict the owner’s ability to sell, refinance, mortgage, or otherwise deal with the property during their lifetime. The beneficiary has no present ownership interest and cannot block a sale. Only at the owner’s death does the beneficiary’s interest vest—and only if the owner still owns the property at that time.
How do I revoke a Missouri TOD deed?
Record a written revocation with the county recorder of deeds in the county where the original deed was filed. The revocation must be signed, notarized, and recorded before the owner’s death. A will alone cannot revoke a recorded TOD deed.
Does a Missouri TOD deed protect my home from Medicaid recovery?
No. A TOD deed does not protect real estate from Missouri Medicaid estate recovery after death. For Medicaid protection, an irrevocable asset protection trust funded more than five years before applying for benefits provides stronger protection.
Who can be named as a beneficiary on a Missouri TOD deed?
Any individual, trust, or legal entity can be named as a beneficiary. You can name multiple beneficiaries who take as tenants in common or joint tenants. Naming a trust as beneficiary allows the property to pass into a trust for managed distribution, which is useful for minor children or beneficiaries with special needs.
