A house or land without probate in Missouri

An owner can sign a beneficiary deed that says it does not take effect until the owner's death. It must be signed and recorded with the recorder of deeds in the county where the land is before the owner dies.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Missouri

Real estate (TOD deed)

Yes · Beneficiary deed

An owner can sign a beneficiary deed that says it does not take effect until the owner's death. It must be signed and recorded with the recorder of deeds in the county where the land is before the owner dies. It does not need to be delivered to the beneficiary.

Law: RSMo 461.025

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Missouri
Counts

Real estate in the person's name alone counts at its value minus mortgages and liens. The affidavit can be used to transfer it.

Law: RSMo 473.097.1, 473.097.4

Main home (primary residence)
Counts

The person's home counts like other real estate, at its value minus the mortgage, unless it passes by beneficiary deed or joint ownership.

Law: RSMo 473.097

Surviving spouse in Missouri

A surviving spouse or unmarried minor children are entitled to exempt property regardless of value: the family bible and books, one car or pickup, clothing, household appliances, furniture and kitchen items. They may also ask the court for a support allowance for up to one year. If the whole estate is no bigger than these amounts, they can ask the probate division to refuse letters, and then collect the property and record the order for real estate without a probate case. A spouse or minor child can title one vehicle at the DOR with form 2305.

Who inherits with no will in Missouri

If there is a spouse and no children or other descendants, the spouse gets everything. If all the children are also the spouse's children, the spouse gets the first $20,000 plus half of the rest, and the children share the other half. If some children are not the spouse's, the spouse gets half and the children share half. With no spouse, the children (or their descendants) share equally; if none, parents, brothers and sisters share equally, and so on to more distant relatives.

Law: RSMo 474.010

Source: Official page

Related pages

Free help in Missouri

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.