Missouri Deed Forms for Real Estate Transfers

What types of deeds are used to transfer Missouri real estate?

Missouri real estate is transferred using a legal document called a deed.¹ A deed transfers real estate from its current owner (the grantor or transferor) to a new owner (the grantee or transferee). A Missouri deed must meet the requirements of Missouri law to be valid and eligible for recording.

Three of the most common types of deeds for transferring Missouri real estate are named for the warranty of title they provide (or do not provide). A warranty of title is a guarantee the current owner gives to the new owner when transferring real estate. The guarantee is essentially that the new owner will receive valid, clear ownership of the property.

A warranty of title protects the new owner by making the transferor legally responsible if there are title problems—like outstanding liens, assessments, boundary disputes, or errors in earlier documents affecting the property. For example, a transferee who receives a warranty of title can sue the transferor for breach of warranty if it turns out that the transferor did not actually own the property.

Missouri Warranty Deed Form

A Missouri warranty deed form—also called a general warranty deed form—transfers property with a complete warranty of title (a general warranty). The general warranty of title covers all title issues—including those that arose before the transferor owned the property. Only title problems that that the deed expressly excludes are outside of the warranty’s scope.²

Missouri Special Warranty Deed Form

A Missouri special warranty deed form provides the new owner a limited warranty of title (also called a special warranty). The warranty is limited because it covers only the period when the transferor owned the property.³ The transferor agrees to be legally responsible for title issues that he or she caused or allowed, and the new owner bears the risk of any other issues.⁴

Missouri Quitclaim Deed Form

A Missouri quitclaim deed form passes to the new owner whatever interest in the property the transferor has (if any) with no warranty of title.⁵ The new owner receives all the title and rights in the property that the transferor has the power to transfer. However, there is no guarantee that the property’s title is clear or that the transferor actually owns an interest in the property.⁶ A quitclaim deed places all risk of issues with the property’s title on the new owner.

What types of estate planning deeds are used in Missouri?

Missouri recognizes two other types of deeds that are commonly used in estate plans. The estate-planning deeds described below are named after features that let the property avoid probate—not the warranty of title they provide.

Missouri Beneficiary Deed Form

A Missouri beneficiary deed form is the equivalent of what many states call a transfer-on-death deed form or a TOD deed form. A property owner who records a beneficiary deed names a beneficiary who will automatically take title when the owner dies,⁷ The owner keeps all rights in the property for the rest of his or her life—including the right to sell, transfer, or mortgage the property or to revoke or amend the beneficiary deed.⁸ The owner does not need the beneficiary’s signature or consent to sell the property or change beneficiaries.

Missouri Life Estate Deed Form

A Missouri life estate deed form uses a different approach but also allows property to avoid probate. A life estate deed divides ownership of the real estate into a lifetime interest (the life estate) and a future interest (the remainder) that becomes effective when the life estate interest holder dies.⁹

An owner creating a life estate deed for an estate plan typically keeps the life estate and transfers the remainder to a family member. After signing the life estate deed, the owner no longer has complete control over the property. He or she cannot sell or transfer the property without the remainder beneficiary’s consent. A life estate deed may also be a quitclaim deed, special warranty deed, or warranty deed, depending on the warranty of title included in the deed.

What are the ways that multiple owners can hold title to Missouri real estate?

Multiple owners can co-own Missouri real estate if a deed transfers a property to more than one person. Missouri recognizes three main co-ownership forms that co-owners can use to hold title to property:¹⁰

Tenancy in Common

When co-owners are tenants in common, each co-owner has an undivided interest in the property which passes to his or her probate estate at death. A tenant in common therefore can transfer an interest in Missouri real estate by will. A Missouri deed that passes title to more than one new owner creates a tenancy in common unless the deed specifies a different co-ownership form or the co-owners are married spouses.¹¹

Joint Tenancy with Right of Survivorship

When co-owners are joint tenants, each owner has an undivided interest in the property that includes a right of survivorship. When a co-owner dies, his or her interest passes to the surviving co-owners outside of the probate process. A joint tenant therefore cannot transfer his or her ownership interest in Missouri real estate by will.

A Missouri deed only creates a joint tenancy if the co-owners named in the deed are natural persons (i.e., actual human beings, not entities) and if the deed expressly declares that the new co-owners are joint tenants.¹² Any joint tenant may transfer his or her interest—and break the joint tenancy—by signing a deed to the property.

Tenancy by the Entirety

Tenancy by the entirety is a special form of co-ownership available only to married couples. Like a joint tenancy, tenancy by the entirety has a right of survivorship that automatically passes complete ownership of the property to a surviving spouse upon the other spouse’s death. Tenancy by the entirety avoids probate like joint tenancy and also offers extra protection against creditors. Unlike a joint tenant, a spouse who is a tenant by the entirety cannot convey his or her interest without the other spouse’s consent.

What are the rules for spousal ownership of Missouri real estate?

Like other states, Missouri has special rules for real estate ownership and transfers when property owners are married.

Marital Property Rights

Missouri uses a separate property system (also called common law system)—rather than the community property system used in a minority of states. In most separate property states, real estate deeded to one spouse belongs to that spouse alone. The other spouse who is not on the deed (the non-owner spouse) has no economic interest in the property and need not sign a deed that transfers the other spouse’s property.

Missouri law is different because it gives a non-owner spouse marital rights in the property. A deed that transfers real estate owned by one spouse is considered to defraud the other spouse of his or her marital rights unless the non-owner spouse consents to the transfer.¹³ A married property owner can avoid this issue by including with the deed a marital rights waiver signed by the other spouse or by having the non-owner spouse join in the deed.¹⁴

Missouri Homesteads

Missouri provides preferred legal status for property that is used as a primary residence (or homestead). A spouse that is not listed on a deed to a Missouri homestead must sign the deed to validly transfer the property.¹⁵ In other words, neither spouse can sell the marital homestead without the other spouse joining in the deed—even if only one spouse officially owns the property. Because Missouri generally requires a non-owner spouse’s consent to a transfer of any real estate (not just homestead property), the homestead signature requirement has less practical significance than it would otherwise have.

Spousal Inheritance Rights

Missouri law gives a surviving spouse significant rights in a deceased spouse’s estate. A surviving spouse’s rights may sometimes take priority over the deceased spouse’s will. A married property owner should consider spousal property rights when creating an estate plan or deciding how to hold title to Missouri real estate.

A surviving spouse’s rights in the deceased spouse’s estate in Missouri include the following:

• Intestate share. If the deceased spouse leaves no will, the surviving spouse receives the entire estate if there are no surviving children of grandchildren. If the deceased spouse has a surviving descendant who is not the surviving spouse’s descendant, the surviving spouse receives one-half of the estate. If the deceased spouse has one or more surviving descendants—all of whom are also descended from the surviving spouse—the surviving spouse receives $25,000.00, plus one-half of the balance.¹⁶
• Elective share. If a deceased spouse leaves a will, the surviving spouse can “take against the will” by claiming an elective share in place of the share under the will.¹⁷ The elective share amount is one-half of the estate (if no descendants) or one-third of the estate (if there are descendants).
• Homestead allowance. The surviving spouse has a priority right to a homestead allowance in an amount valued up to $15,000.00 (but not over one-half of the estate’s value). The homestead allowance may be paid in money or property and is set off against the surviving spouse’s inheritance.¹⁸
• Spousal support allowance. A surviving spouse has a priority claim to support from the estate for up to one year after death. The support allowance is set by the probate court and can be paid out as money or property.¹⁹
• Spouse’s exemptions. A surviving spouse has an absolute right to certain exempt property from the estate, regardless of value. Exempt property includes books, one vehicle, clothing, household appliances, musical instruments, and furniture.²⁰

Missouri law allows a spouse to waive his or her inheritance rights in the other spouse’s estate through a written contract.²¹

Where are deeds filed in Missouri?

County recorders are responsible for recording deeds and maintaining land records in Missouri.²² Deeds must be recorded in the recorder’s office for the county where the property is located.²³ Recording is necessary to protect the new owner’s rights by providing official notice to third parties.²⁴

How much does it cost to file a Missouri deed?

The person requesting recording must pay a recording fee to the county recorder when filing a deed. Missouri law provides for multiple recording fees—not all of which apply to every deed.²⁷ The precise fee paid to the county recorder for recording a deed varies by county and between deeds. The amount is typically around $21.00 – $25.00 for the deed’s first page and $3.00 for each additional page.

Does Missouri charge a transfer tax on real estate transfers?

Missouri is among the minority of states that do not charge a transfer tax on transfers of real estate.

Does Missouri require any other form when recording a deed?

Missouri does not require a transfer tax return or similar form to be submitted alongside a deed filed for recording. Some county recorders request that deeds are filed with a cover sheet that lists general information about the transfer. Cover sheets help to ensure that a deed is correctly formatted and has the required information on the first page.²⁸

Certain deeds may need another instrument to be recorded with the deed to confirm a signer’s legal authority or to include additional information in the land records. For example, a deed signed by an agent acting under power of attorney should be accompanied by the power-of-attorney form that gives the agent the necessary authority to act for the property owner.²⁹ Deeds transferring title to or from a trust are typically recorded with a certification of trust.³⁰

1. Mo. Rev. Stat. § 442.020.
2. Hillman v. Hedgpeth, 600 S.W.2d 625 (Mo. Ct. App. 1980).
3. Mo. Rev. Stat. § 442.420.
4. McAboy v. Packer, 353 Mo. 1219 (Mo. 1945).
5. R & R Land Dev., L.L.C. v. Am. Freightways, Inc., 389 S.W.3d 234 (Mo. Ct. App. 2013).
6. Webster Oil Co., Inc. v. McLean Hotels, Inc., 878 S.W.2d 892 (Mo. Ct. App. 1994).
7. Mo. Rev. Stat. § 461.001.
8. Mo. Rev. Stat. § 461.031(1).
9. See Mo. Rev. Stat. § 442.490.
10. See Mo. Rev. Stat. § 442.025 Co-owners can also hold title to Missouri real estate as partners if they own the property for a business purpose.
11. Mo. Rev. Stat. § 442.450.
12. Mo. Rev. Stat. § 442.450.
13. Mo. Rev. Stat. § 474.150(2).
14. Mo. Rev. Stat. § 442.030.
15. Mo. Rev. Stat. § 513.475(2).
16. Mo. Rev. Stat. § 474.010.
17. Mo. Rev. Stat. § 474.160.
18. Mo. Rev. Stat. § 474.290.
19. Mo. Rev. Stat. § 474.260.
20. Mo. Rev. Stat. § 474.250.
21. Mo. Rev. Stat. § 474.120.
22. Mo. Rev. Stat. § 59.330.
23. Mo. Rev. Stat. § 442.380.
24. Mo. Rev. Stat. § 442.390.
25. Mo. Rev. Stat. § 59.563.
26. Mo. Rev. Stat. § 59.568.
27. See Mo. Rev. Stat. §§ 59.310.6(1); 59.319; 59.321; 59.800.
28. See Mo. Rev. Stat. § 59.310.2.
29. Mo. Rev. Stat. § 442.360.
30. Mo. Rev. Stat. § 456.10-1013.