Missouri Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
If the current owner making the transfer is married, his or her spouse should also sign the deed in most cases. Including both spouses' signatures avoids future title issues that may result from a non-owner spouse's marital rights in the property.
Once again today I got to explain to a child that a Will does not override a Beneficiary Deed. Beneficiary Deeds transfer property to another upon the death of the owner of the property. They are sometimes called ?TOD? or ?Transfer on Death? Deeds.
Beneficiary Deeds. This transfer upon death will take place without the real estate having to go through probate and without having to jointly title such property with children, spouses, or other intended beneficiaries while the owner is still alive.
The fee charged by a local County Recorder of Deeds office to record a Beneficiary Deed averages between $24 and $30. The Grantor should contact the local County Recorder of Deeds office to inquire as to the current fee charged. Upon recording the deed the Recorder of Deeds office will mail the original to the Grantor.
Each owner of a Tenancy in Common has the right to completely possess the entire property. Under Missouri Law, a deed or other document that creates a Joint Tenancy with Right of Survivorship must clearly state that in the document.
A Missouri transfer-on-death deed form?technically called a Missouri beneficiary deed form?is a written document that transfers real estate effective at the owner's death. A beneficiary deed works in much the same way as a POD or TOD designation on a bank account.
To get title to the property after your death, the beneficiary must take a few administrative steps (such as recording an affidavit and certified copy of the death certificate in the recorder's office). Your beneficiary can check with the county recorder of deeds for details.
At your death, ownership passes automatically to the beneficiary named in the deed. Any mortgage or debt attached to the land goes along with it. To retitle the real estate in the new owner's name, the new owner should record a sworn statement (affidavit) and a copy of the death certificate.