{"id":123,"date":"2017-05-30T12:03:56","date_gmt":"2017-05-30T12:03:56","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=123"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"transfers-of-real-property-from-decedents-estates-in-missouri","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/transfers-of-real-property-from-decedents-estates-in-missouri\/","title":{"rendered":"Transfers of Real Property from Decedents\u2019 Estates in Missouri"},"content":{"rendered":"\n

Probate is the legal process of settling a decedent\u2019s estate and\ndistributing his or her property to those entitled by the decedent\u2019s will or by\nlaws of intestate succession to receive it. In Missouri, the laws governing\nprobate proceedings are codified at Chapters 472-475 of the Missouri Revised\nStatutes. The Probate Division of the Circuit Court in the county in which the\ndecedent resided at the time of death has jurisdiction in the decedent\u2019s\nestate.<\/p>\n\n\n\n\n\n\n\n

Probate of a decedent\u2019s will begins with delivery to the Circuit Court\nand application for grant of letters. The Court issues letters to the personal\nrepresentative (PR), sometimes referred to as an executor or an administrator,\ndepending on the testacy status of the decedent; testacy refers to whether the\ndecedent left a valid will. This individual is personally in charge of\nadministering the estate. Priority of appointment is given to the PR named in\nthe will, and then to persons in descending order established by \u00a7 473.110,\nRSMo. Following the issue of letters, the Court publishes public notice to\ncreditors to file their claims in the Court (\u00a7 473.033, RSMo).<\/p>\n\n\n\n

Generally, all property owned individually in the decedent\u2019s name is\nsubject to probate. Property held with a survivorship interest, in a trust, or\nwith a beneficiary designation avoids probate. By law, a decedent\u2019s property\ndevolves upon death to the rightful heirs, though it is not immune to\npossession by the PR to fulfill his or her duties as the estate\u2019s fiduciary\n(see \u00a7\u00a7 473.260, 473.263, RSMo). The PR requires a court order to take\npossession, unless otherwise authorized by the decedent\u2019s will.<\/p>\n\n\n\n

The two options for probate in Missouri are supervised or independent\nadministration. Independent administration must be granted by the decedent\u2019s\nwill. If not, all distributees must give consent to independent administration.\nAn independent personal representative may act on the powers under \u00a7 473.810,\nRSMo without direct court supervision. Supervised administration, as the name\nsuggests, requires court authorization of the PR\u2019s actions, with more extensive\nrequirements for giving notice to interested persons.<\/p>\n\n\n\n

In the course of a PR\u2019s duties of administration, he or she may need to\nsell or convey the decedent\u2019s real property. In each case, the PR executes a\npersonal representative\u2019s deed, a type of fiduciary instrument named after the\nspecific position of the grantor, as opposed to the warranty of title\ntransferred to the grantee. <\/p>\n\n\n\n

The PR has the authority to sell real property when a power of sale is\nconferred upon him or her by the decedent\u2019s will (\u00a7 473.457, RSMo). A personal\nrepresentative\u2019s deed pursuant to a power of sale requires a statement that the\nPR is authorized by virtue of independent administration, unless petition for\nsupervised administration has been granted.<\/p>\n\n\n\n

Alternately, \u00a7 473.460, RSMo addresses the purposes for which the PR\nmay petition the Court for sale of real property. Deeds pursuant to an order\nfor sale under \u00a7 473.460, RSMo require specific information regarding the PR\u2019s\nappointment, publication of notice, and the order for sale.<\/p>\n\n\n\n

Finally, once all claims on the estate are closed, the PR may make\ndistributions of real property. The deed of distribution (under \u00a7 473.844,\nRSMo) is evidence of a distributee\u2019s title to real estate. The deed of\ndistribution is a quitclaim deed acting as evidence of the distributee\u2019s title\nonly, as the distributee, by function of law, succeeds to the decedent\u2019s\ninterest upon death.<\/p>\n\n\n\n

All conveyances of real property require the granting party\u2019s signature, made in the presence of a notary public. The deed should be recorded in the office of the recorder of deeds in the county or independent city where the subject property is located. PR deeds may require supporting documentation (such as a will, death certificate, order to sell real property, etc.) to complete the transaction. As stipulated by \u00a7 474.500, RSMo, for any real property devised by will, a copy of the will must be recorded in the office of the recorder wherein the property is situated. For applicable transfers, PRs must also file a report of sale of real estate in compliance with \u00a7 473.513, RSMo.<\/p>\n\n\n\n

Related Missouri Probate Documents:<\/p>\n\n\n\n