Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
Updated August 3, 2026. Quick answer: Missouri calls it a beneficiary deed, and Missouri is where this instrument started — section 461.025 has been effective since 28 August 1995, which is why so many later state statutes look like it.
The statute
A deed that conveys an interest in real property to a grantee designated by the owner, that expressly states that the deed is not to take effect until the death of the owner, transfers the interest provided to the designated grantee beneficiary, effective on death of the owner, if the deed is executed and filed of record with the recorder of deeds in the city or county or counties in which the real property is situated prior to the death of the owner.
— Mo. Rev. Stat. § 461.025 (Deeds effective on death of owner)
Two things it does not require
A beneficiary deed need not be supported by consideration or be delivered to the grantee beneficiary.
— Mo. Rev. Stat. § 461.025 (Deeds effective on death of owner)
Both matter. No consideration means the beneficiary pays nothing and the deed is not a sale. No delivery means the beneficiary does not have to be told, does not have to sign, and cannot block it. It also means an owner can change their mind quietly, which is often the point.
It can name a trust
Missouri permits a beneficiary deed to transfer to a trust estate regardless of that trust’s revocability.
Recording is still the whole game
The deed must be filed of record prior to the death of the owner, in every county where the property sits. A parcel straddling a county line needs recording in both.
Missouri calls it a beneficiary deed
Section 461.025 has been effective since 1995, and Missouri is where this instrument started. LawDepot treats a beneficiary deed and a transfer on death deed as the same document, so its builder produces what Missouri records. Recording it before death is still the whole game, as the section above sets out.
LawDepot prices a single document at $7.50 to $119, and its category subscriptions start at $107.88 a year, with the all-documents plan at $155.88 a year (LawDepot pricing page, read 2026-09-02).
Create a transfer on death deed
LawDepot pays us a commission if you buy through this link, and it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
What a transfer on death deed does not do
- It moves one parcel, not an estate. It avoids probate on that property. Bank accounts, vehicles and everything else are untouched, so it is not a substitute for a will.
- It does not take effect until death, so the owner keeps full control — and can sell, mortgage or revoke without the beneficiary’s agreement or knowledge.
- It does not clear debts. A mortgage, lien or judgment against the property passes with it.
- It does not decide what happens if the beneficiary dies first. That is governed by statute and is one of the most common surprises.
Honest gaps
We have quoted the operative subsection of § 461.025. Missouri’s non-probate transfers law (chapter 461) is broad, and the provisions on beneficiary designations generally, on revocation, and on creditor claims against non-probate transfers are not covered here. This is the statute, not legal advice. Deed drafting, title and recording practice vary by county, and a property with a mortgage, co-owners or a disputed title is one to take to a lawyer in the state.
Source note. Read from https://revisor.mo.gov/main/OneSection.aspx?section=461.025 on 2026-08-04.
Related: transfer on death deeds by state · how it compares with a living trust · what it actually avoids.
General information drawn from state statutes and official state or court forms, not legal advice. These instruments are governed by the law of the state where the property sits or the document is signed, and formalities differ from state to state — execution, witnessing and recording requirements are the parts that void a document when they are missed. Your own state’s current statute governs.