Missouri: Finding the Rightful Heirs and Determining Who Owns Property After a Grandparent Dies | Missouri Probate | FastCounsel
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Missouri: Finding the Rightful Heirs and Determining Who Owns Property After a Grandparent Dies

August 14, 2025 6 min read

Short answer

Start by locating a death certificate, looking for a will, and checking probate court and county land records. If there is a valid will it controls who inherits; if there is no will, Missouri’s intestacy rules govern who the heirs are and how property passes. If title is unclear you may need probate administration or a court action (for example, a quiet title action). Consult a probate or real estate attorney if the situation is disputed or complicated.

Disclaimer (not legal advice)

This information explains how the process usually works in Missouri and is for educational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed Missouri attorney.

Detailed answer — practical step-by-step guide under Missouri law

1. Get a certified death certificate

Obtain several certified copies of your grandparent’s death certificate. You will need these for probate courts, the county recorder, banks, title companies, and government agencies. Order from the Missouri Department of Health & Senior Services: https://health.mo.gov/data/vitalrecords/.

2. Search for a will or estate planning documents

  • Look among your grandparent’s personal papers for a will, trust documents, or a list of assets and contacts for their attorney.
  • Check with family members, the decedent’s attorney, accountant, or financial institutions.
  • If you find a will, it should be filed with the probate court in the county where the decedent lived. Filing triggers probate administration.

3. Check county probate court records

If a will was filed or an estate has been opened, the probate (often called the circuit court probate division) will have case records. If a probate case has been opened, the court file will show who was appointed personal representative (executor/administrator), and the probate filings identify heirs or beneficiaries. Missouri courts provide local court contact information here: https://www.courts.mo.gov/page.jsp?id=174.

4. Search title and deed records at the county Recorder of Deeds

Real property ownership is shown in the county Recorder of Deeds (or Register of Deeds) where the property sits. Search by the decedent’s name for the recorded deed. The deed will show how title was held:

  • If the deed names the decedent alone, the property may need to pass through probate (or by affidavit procedure) to transfer title.
  • If the deed names the decedent and another person as joint tenants or as tenants by the entirety with right of survivorship, the surviving co-owner may automatically own the property upon death.
  • If the property title was in a trust, beneficiary designation, or a deed-on-death/transfer-on-death instrument, the transfer could bypass probate.

Because you did not provide a county, contact the county Recorder of Deeds where the property is located or search their online records (many Missouri counties provide online search portals).

5. If there is no will — Missouri intestacy rules

If the decedent died without a valid will, Missouri’s laws of descent and distribution determine heirs and shares. Those rules are in the Missouri Revised Statutes, Chapter 474 (Descent and Distribution): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474. In general:

  • Surviving spouse and children are first in line; how property divides depends on whether descendants are also descendants of the surviving spouse.
  • If there is no spouse and no descendants, property can pass to parents, siblings, nieces/nephews, or more remote relatives, per the statutory order.
  • If there are no heirs under the statute, the estate may escheat to the State of Missouri.

Because intestacy can be complex (stepchildren, adopted children, predeceased children with descendants, blended families, and paternity issues), consult an attorney when the heirship is unclear.

6. Probate administration and title transfer

When probate is required, the court appoints a personal representative (executor/administrator) who gathers assets, pays debts and taxes, and transfers property to heirs or beneficiaries according to the will or statute. Procedures and rules for estate administration are in Missouri law; see Chapter 473 for administration generally: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.

If an estate is small or the property qualifies for non-probate transfer, Missouri may provide abbreviated procedures (for example, collection by affidavit for small estates). The county probate court clerk can explain local thresholds and forms, or a probate attorney can advise.

7. If title is contested or unclear — quiet title and other court actions

If multiple people claim ownership, or if the chain of title is unclear, an interested party can ask a court to determine ownership by filing a quiet title action or pursue other litigation. That process requires filing in the appropriate circuit court, presenting evidence of ownership or heirship, and possibly serving notice to unknown heirs. Because this is a litigation process, get legal representation.

8. When to hire a professional

  • Hire a probate attorney when you find a will or when administration is required.
  • Hire a real estate attorney or title company to resolve title issues, prepare deeds, or handle a quiet title case.
  • Hire a professional heir-searcher or genealogist if heirs are missing and you need to locate living relatives.

Helpful hints

  • Collect documents early: death certificate, deed, mortgage papers, bank statements, tax returns, insurance policies, marriage and birth certificates, and any estate planning documents.
  • Contact the county probate clerk by phone or in person for procedures and to search probate dockets. They can tell you whether a probate case has been opened and whether a will was filed.
  • Search the county Recorder of Deeds online for property records. Use exact name variants and common misspellings.
  • Look for a beneficiary designation or trust that might pass property outside probate. Deeds that state survivorship or transfer on death clauses are especially important.
  • If a property has a mortgage, contact the mortgage servicer — the mortgage remains attached to the property even if ownership changes.
  • Be cautious about signing documents without legal advice. An heir or claimant who signs a transfer or release may give up rights unknowingly.
  • When family relationships are complicated, consider an heirship affidavit or court determination before transferring title to reduce the risk of future disputes.
  • Keep clear records of communications, notices, and filings; these help resolve disputes later and are required in probate accounting.

Key Missouri resources

Final advice

Begin with the death certificate, a search for a will, and the county probate and deed records. If property ownership or heirship is unclear, get professional help — a probate attorney, a title company, or a licensed genealogist can save time and reduce the risk of future disputes. Court guidance is often necessary when heirs disagree or records are incomplete.

Remember: this is general information, not legal advice. For guidance tailored to your case, speak with a Missouri-licensed probate or real estate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.