Detailed Answer
When real estate in Missouri lists only a deceased parent’s name on the deed, title does not automatically transfer to heirs. You must follow Missouri’s property and probate laws to determine current ownership. Below are key steps.
1. Obtain and Review the Deed
Request a certified copy of the recorded deed from the County Recorder of Deeds. Confirm whether the deed grants fee simple ownership or includes survivorship language. A joint tenancy with right of survivorship or an enhanced life estate deed can bypass probate.
2. Search for a Will or Trust
Check with the Probate Division in the county where your parent lived. If a valid will exists, the personal representative named in the will gains authority to transfer the property. If the property sits in a trust, the successor trustee handles the transfer without probate.
3. Determine Probate Necessity
If no will, trust, or survivorship deed exists, you must open a probate estate. Missouri law requires probate for real property unless it passes by operation of law.
• Learn who qualifies as administrator under RSMo §472.030.
• Note that small estate affidavits (RSMo §473.140) apply only to personal property, not real estate.
4. Open Probate and Obtain Letters
File a petition in the Probate Division where your parent resided. The court will appoint an administrator or executor. That person receives Letters Testamentary or Letters of Administration to act on behalf of the estate.
5. Transfer Title According to Intestate Succession
If your parent died without a will, Missouri’s intestate laws dictate heirship. Under RSMo §474.010, property passes to surviving spouse and children, or if none, to other next of kin in a fixed order. The personal representative must prepare and record a new deed conveying the property to the heirs.
6. Record the New Deed
After obtaining court approval and preparing the deed, record it with the County Recorder of Deeds. This act updates the public record and clarifies current ownership.
Disclaimer: This article is for informational purposes and not legal advice. Consult a qualified attorney in Missouri for guidance on your specific situation.
Helpful Hints
- Keep certified copies of death certificates and all court documents.
- Search county court and recorder websites for wills, deeds, and trusts online.
- Review past mortgage and title insurance policies for survivorship clauses.
- Consult with a probate attorney early to avoid missteps.
- Verify fees and procedures at your local Probate Division.