Detailed Answer
Short answer: The exact steps depend on how title to the property was held when your wife died. Common paths are (1) a survivorship title (joint tenancy or tenancy by the entirety), (2) a transfer-on-death or beneficiary deed (if one exists), or (3) the property being solely in the decedent’s name, which normally requires probate (or an applicable post-death transfer procedure). Below are the typical steps and documents you will need under Missouri practice, with practical guidance for each situation.
Step 1 — Confirm how the property was titled
Look at the recorded deed in the county where the property is located. The deed language determines whether the property passed automatically or whether a probate transfer is needed:
- Joint tenancy with right of survivorship — The surviving co-owner typically becomes sole owner automatically at death.
- Tenancy by the entirety — If the couple held title this way (married couples only), the surviving spouse typically owns the property outright at death.
- Property solely in the deceased spouse’s name — The property does not automatically pass to an heir. You will usually need a probate process or another authorized transfer device.
- Transfer-on-death / beneficiary deed — If your wife recorded a beneficiary deed or other statutory transfer-on-death instrument, it may pass outside probate if it complies with Missouri law.
Step 2 — Get certified documents
Regardless of the path, order several certified copies of your wife’s death certificate from the local health department or the state vital records office. County recorders routinely require a certified death certificate to update title records.
Step 3 — Follow the route that matches the title
A. If title included a survivorship feature (joint tenancy or tenancy by the entirety)
- Obtain a certified death certificate.
- Prepare an affidavit or form the county recorder accepts (commonly called an affidavit of survivorship or affidavit of death of joint tenant). Some counties have their own affidavit forms; others accept a simple sworn statement with the deed description and the decedent’s death date.
- Record the affidavit and a certified death certificate in the county recorder’s office where the property is located. The county will then show the survivor as sole owner on the land records.
B. If there is a properly executed transfer-on-death / beneficiary deed
- Confirm the recorded beneficiary deed meets statutory requirements (signed, witnessed/notarized, and properly recorded while the decedent was alive).
- The beneficiary usually records an affidavit of death and a certified death certificate to cause title to vest in the named beneficiary.
C. If the property was solely in your wife’s name (no survivorship or beneficiary deed)
This is the most common and often requires probate or other court-authorized transfer:
- If your wife left a will, file the will and a petition for probate in the probate court in the county where she lived or where the property is located. The court appoints a personal representative or executor and issues letters testamentary or administration.
- The personal representative uses a court-authorized deed (often called an executor’s or administrator’s deed) to transfer title to the heir or buyer. That deed is signed, acknowledged, and recorded in the county recorder’s office along with a certified death certificate and usually a copy of the letters.
- If your wife died intestate (no valid will), probate still normally proceeds under Missouri’s intestacy rules so the court can appoint an administrator and direct distribution to heirs. The administrator’s deed transfers title to heirs when the court authorizes it.
- In limited circumstances, other expedited procedures (small estate affidavits or summary procedures) may allow transfer without full probate. Whether those apply depends on the nature and value of the assets and Missouri statutory thresholds or county practice. Check with the county probate court or an attorney to see if a simplified route exists.
Step 4 — Prepare the deed and record it
Common deed types used after probate or to reflect the survivor’s ownership include:
- Executor’s deed or administrator’s deed (post-probate transfers)
- Quitclaim deed (sometimes used between family members when the chain of title is clear)
- Warranty deed (if the estate or personal representative grants full warranty)
Key practical requirements for recording:
- Use the full legal description of the property exactly as shown in the prior deed.
- Have signatures notarized or acknowledged as required for that deed type.
- Attach or present the certified death certificate and, if the transfer follows probate, a certified copy of the letters or court order authorizing the transfer.
- Pay recording fees and any local transfer taxes or stamps required by the county.
Where to find Missouri law and local rules
Missouri’s statutes and resources that govern probate and recording are available from the Missouri Revisor of Statutes and the Missouri courts. For court procedures and local forms, contact the probate division of the circuit court in the county where the property is located or the county recorder/recorder of deeds office.
Missouri statutes, code, and official resources: Missouri Revisor of Statutes. For probate information and local court contacts: Missouri Courts — Probate & Court Services.
Common timeline and costs
Expect steps that need from a few days (recording an affidavit of survivorship) to several months (for a straightforward probate) or longer for complex estates. Typical costs include certified death certificates, probate filing fees, attorneys’ or personal representative fees (if used), and county recording fees.
When to get an attorney
You should consult a Missouri probate or real estate attorney if any of these apply:
- The title is in the decedent’s sole name and the estate has multiple assets or creditors.
- There are conflicting heirs or potential will contests.
- The deed or title history is unclear, or a title company raises objections.
- You want to use a specialized transfer device (trust, TOD deed) or need tax/estate planning advice.
Practical example (hypothetical)
Hypothetical facts: Jane Doe owned a house in St. Louis County as the sole owner and died leaving one child, Alice. Jane left no will. Steps Alice would likely follow:
- Obtain certified copies of Jane’s death certificate.
- File a petition for administration in the St. Louis County probate court to be appointed administrator.
- After appointment, as the administrator Alice would obtain letters of administration from the court.
- Alice (as administrator) would prepare an administrator’s deed transferring the house to herself as the heir or to herself as owner by court authority, have the deed acknowledged, and record the deed with the county recorder along with a certified death certificate and the letters.
Disclaimer
This article explains typical Missouri procedures but is not legal advice. Laws, local rules, and county recorder requirements can vary. For specific legal guidance about your situation, consult a licensed Missouri attorney and your local county recorder or probate court.
Helpful Hints
- Start by pulling the recorded deed from the county recorder’s online records to confirm how title was held.
- Order multiple certified death certificates early—counties and other offices often require originals or certified copies.
- Call the county recorder and the local probate court clerk to ask what documents they require to record a transfer after death; county forms and requirements vary.
- If the title is ambiguous, consider a title search or a title insurance company to identify clouds on title before recording a deed.
- Keep copies of every recorded instrument and court order; these will be needed for property tax, insurance, and future sales.
- When preparing deeds, use the exact legal description from the current recorded deed to avoid delays or rejections at recording.
- Even if you plan to do the deed yourself, consult an attorney for the probate step if the estate has creditors, disputes, or complex assets.