Missouri Inherited Property Help
Inherited a property but unsure what to do next? We help you understand probate, beneficiary deeds, and how to clear title on inherited real estate.
How do I transfer inherited property to my name in Missouri?
If the deceased had a beneficiary deed (TOD deed), simply record the death certificate with the county recorder—no probate needed (RSMo §461.025). Without a beneficiary deed, the property typically goes through probate, where the court authorizes the executor to transfer the deed to heirs. For estates under $40,000, a Small Estate Affidavit may work (RSMo §473.618). If multiple heirs inherited without a will, you have 'heir property'—a more complex situation requiring all owners to agree on any action.
Source: RSMo §461.025, §473.618
Missouri Inherited Property Quick Facts
Source: Missouri Revised Statutes
Property & Title Info Desk Team
Licensed Missouri REALTORS®
Content reviewed: March 2026
About our team →Common Inherited Property Issues
Probate Required
Property needs to go through probate court before you can sell or transfer title.
Learn about probateBeneficiary Deed Issues
Questions about transfer-on-death deeds or how to claim property with a beneficiary deed.
Beneficiary deed helpMultiple Heirs
Several family members inherited the property and you need to decide what to do together.
Unknown Heirs
Family members who may have ownership interest are unknown or cannot be located.
Inherited Rental Property
You inherited a property with existing tenants and need to understand your options as the new landlord.
Landlord-tenant helpHow Property Transfers After Death in Missouri
With Beneficiary Deed (Simplest)
If the owner recorded a beneficiary deed (transfer-on-death deed), the property passes directly to the named beneficiary outside of probate. The beneficiary files the death certificate with the county recorder to complete the transfer.
With a Will (Probate Required)
The will is filed with the probate court. An executor is appointed to manage the estate. Once debts are paid and the court approves, the executor transfers the property to heirs named in the will.
Without a Will – Intestate (Most Complex)
Missouri intestacy laws determine who inherits. This often results in multiple family members becoming co-owners (tenants in common), which can create "heir property" complications.
What is "Heir Property"?
Heir property occurs when real estate passes to multiple heirs (usually without a will) and they all become co-owners. This creates complications:
- •Cannot sell without agreement – All co-owners must agree to sell, or a partition action is required
- •Cannot refinance or get loans – Lenders require clear title with single owner or formal agreement
- •Tax and maintenance disputes – Unclear who is responsible for property taxes and upkeep
- •Partition risk – Any co-owner can force a sale through partition, often at below-market prices
Get Help in Your County
What to Have Ready
- Property address (full street address)
- Any letter or notice you received (photo is fine)
- Deed or trust documents if you have them
- Key dates/deadlines you know about
- Who else is involved (heirs, spouse, co-owners)
Already Decided to Sell?
If you're dealing with inherited property and have already decided that selling is your best path forward, we can help you understand your options – including timeline, equity, and what to expect. No pressure, just clarity.
Get Clarity on Your Inherited Property
Our free Property & Title Report helps you understand exactly what steps to take with your inherited property.
Start Free CheckupSources & Legal References
RSMo Chapter 473 – Administration of Estates
Missouri probate procedures and requirements
RSMo §474.010 – Intestate Succession
Inheritance rules when there's no will
RSMo §473.618 – Small Estate Affidavit
Requirements for small estate ($40K threshold)
RSMo §461.025 – Beneficiary Deeds
Transfer on death deed (TOD) provisions
This information is for educational purposes only and does not constitute legal advice. Missouri law may change. Always verify current statutes and consult a licensed attorney for your specific situation.
Important: This information is for educational purposes only and does not constitute legal advice.
We are not a law firm or title company. For legal matters regarding inherited property, please consult a Missouri probate attorney.
Questions? Call us for a free consultation.