What information and documentation are required to verify all individuals with an interest in real property in Missouri? | Missouri Probate | FastCounsel
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What information and documentation are required to verify all individuals with an interest in real property in Missouri?

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

Under Missouri law, a clear ownership history depends on identifying every person or entity with a recorded interest in the property. Title professionals typically follow these steps:

  1. Chain of Title Search
    Review all recorded instruments at the county recorder’s office. Note grantor/grantee names, book and page numbers, recording dates and legal descriptions.
  2. Identity Verification for Natural Persons
    Obtain a government-issued photo ID (driver’s license or passport) for each individual. Confirm name spelling, aliases and marital name variations.
  3. Marital Status and Spousal Joinder
    Missouri requires a spouse’s joinder or release to prevent dower or homestead claims. A recorded deed should include a spouse’s signature or separate release under RSMo § 452.420 (452.420).
  4. Deceased Owners
    Secure certified copies of death certificates (RSMo § 193.070). If title passed via probate, obtain letters testamentary (§ 473.047) or letters of administration (§ 473.360).
  5. Trusts
    For grantors or grantees acting as trustees, record a certificate of trust under RSMo § 456.5-513 (456.5-513). Also collect a copy of the trust agreement if unrecorded provisions affect title.
  6. Corporate Entities
    Confirm standing with a certificate of good standing from the Missouri Secretary of State. Record a certified copy of articles of incorporation or a certificate of authority to transact business (RSMo § 351.385).
  7. Partnerships and LLCs
    Obtain the partnership or operating agreement. If the entity is registered as an LP or LLC, record its formation documents and certificate of good standing from the Secretary of State.
  8. Powers of Attorney
    If someone signs on behalf of an owner, verify a recorded power of attorney executed under RSMo Chapter 404. Obtain a certified copy and confirm it authorizes real estate conveyance.
  9. Judgments and Liens
    Check for recorded judgments, tax liens and mechanic’s liens at the county recorder’s office. Note the lienholder’s name and the instrument reference.

Helpful Hints

  • Spell names exactly as they appear in recorded instruments; check for common variations and former names.
  • Request certified copies—photocopies without certification may not satisfy title insurers.
  • Use the county recorder’s index by grantor/grantee name and legal description for a complete search.
  • Confirm corporate status online via the Missouri Secretary of State’s business search portal.
  • When in doubt about an unrecorded family trust or probate proceeding, consult with the executor or trustee for missing documentation.
  • Review local county requirements—some counties require additional affidavits or standardized forms.
  • Keep a clear checklist of each entity or individual, their identifying documents and recording references.

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.