Finding the right Missouri transfer on death deed form is less complicated than many people expect—but getting the details wrong is easy and costly. A TOD deed that fails to include the correct legal description, lacks proper notarization, or is never recorded is worthless. This guide walks through what the form must contain, where to file it, and what mistakes to avoid.
Patrick Nolan of Nolan Law Firm in Kirksville, Missouri prepares and records Missouri transfer on death deeds for property owners throughout Northeast Missouri.
What Must a Missouri TOD Deed Form Include?
Under RSMo §461.025, a valid Missouri transfer on death deed must include: the full legal description of the property (not just the address), the full name of the owner(s) granting the deed, the full name of the beneficiary or beneficiaries, a clear statement that the transfer is effective upon death, the owner’s signature while competent, and notarization. The deed must then be recorded with the county recorder of deeds in the county where the property is located—before the owner’s death.
Where to Get a Missouri TOD Deed Form
Missouri does not publish a single official state-mandated TOD deed form. Some counties make sample forms available, and legal form websites offer templates. However, the most error-prone part of any TOD deed is the legal property description—which must come from the existing deed or county records, not guesswork. Mistakes in the legal description can invalidate the deed entirely or create title problems that take years to resolve. For a document that will control who inherits your home, having an attorney draft and record the deed is the most reliable approach.
How to Record a Missouri TOD Deed
Take the signed, notarized deed to the recorder of deeds office in the county where the property is located. Pay the recording fee (typically $24–$40 for the first page plus per-page fees). The recorder stamps and returns a copy. Keep the recorded copy in a safe place with your other estate planning documents. Recording is what makes the deed legally effective—an unrecorded deed transfers nothing.
Revoking or Changing a Missouri TOD Deed
To revoke or update your TOD deed, prepare and record either a revocation document or a new TOD deed naming different beneficiaries. The later-recorded document controls. A will cannot override a recorded TOD deed. Notify your estate planning attorney whenever you record or revoke a TOD deed so your full estate plan stays coordinated. See our primary guide on the Missouri transfer on death deed for full legal details.
TOD Deed vs. Trust for Missouri Real Estate
A TOD deed is simpler and less expensive than a revocable living trust but covers only real property. A trust manages all assets—real estate, bank accounts, investments—under one coordinated plan. For property owners with multiple assets, minor beneficiaries, or Medicaid planning concerns, a trust often provides more comprehensive protection. See our Missouri revocable living trust guide for a comparison.
Frequently Asked Questions: Missouri TOD Deed Form
Is there an official Missouri transfer on death deed form?
Missouri does not publish a single mandatory state form for TOD deeds. Any deed that satisfies RSMo §461.025 requirements—legal description, named beneficiary, owner’s signature, notarization, and recording—is valid. Many attorneys draft custom TOD deeds to ensure accuracy.
What is the legal description on a Missouri deed?
The legal description is the precise property identification used in public records—typically a metes-and-bounds description or a lot-and-block reference from a recorded plat. It is different from a street address. You can find the legal description on your current deed or by contacting your county recorder’s office.
How much does it cost to record a TOD deed in Missouri?
Recording fees vary by county but typically range from $24 to $40 for the first page plus a per-page fee for additional pages. Contact your county recorder of deeds for the exact current fee schedule.
Can a TOD deed be contested in Missouri?
Yes, though it’s uncommon. Grounds for contesting a TOD deed include lack of mental capacity when the deed was signed, undue influence, fraud, or technical defects (improper execution or recording). A properly drafted and witnessed deed significantly reduces the risk of a successful challenge.
Does a Missouri TOD deed need to be witnessed?
Missouri law requires notarization but does not specifically require witnesses for a TOD deed, unlike some states. Notarization is mandatory—it cannot be skipped. While witnesses aren’t legally required, having them can strengthen the deed against future capacity challenges.
