Benton County Quitclaim Deed (Reserving Life Estate) Form

This Missouri quitclaim deed splits the property in time rather than in shares. In one operative sentence the grantor releases an interest in the described real property to the grantee and holds back a life estate measured by the grantor's life, so the grantee owns the remainder from the day the deed is delivered while the grantor keeps the place and whatever it earns until death.

Two estates, one conveyance

Section 442.460 of the Revised Statutes of Missouri is what lets a single instrument do that: every conveyance passes the grantor's whole estate unless an intent to pass a lesser estate expressly appears or is necessarily implied in the terms of the grant. Section 6 states that intent, and the reservation carries possession, use, rents, and profits for the grantor's life. What crosses to the grantee is the remainder, a present interest whose right to possession arrives when the life estate ends at the grantor's death, with no further conveyance needed. Missouri has read that arrangement as a deed rather than an attempted will since at least Cook v. Daniels, 306 S.W.2d 573 (Mo. 1957), noted in the Revisor's annotation to Section 442.490.

One grantor, one signature, one certificate

The form recites exactly one grantor, a natural person acting individually, and one grantee taking the remainder. Page one carries the date, the grantor with the married or unmarried statement Section 442.130 draws from a natural person executing a conveyance, the grantee with the mailing address Section 59.330.2 sends the recorder looking for, and a printed reference locating the legal description a page later. Below it sit one signature line with a printed name beneath, and one acknowledgment certificate built on the Section 442.210.1(1) short form for a person acting in that person's own right, with a place for the officer to mark whether the appearance happened in person or through communication technology under Section 442.145. A parent deeding the family home to an adult child and living there for life, and an owner of rented ground passing the remainder to a niece while keeping the rents, present the pattern this deed recites. A reservation measured by two lives, or one reserved to someone other than the grantor, recites a different structure.

Quitclaim words, and a reservation with nothing held back beyond it

Missouri prints no official quit claim deed form, so the operative wording decides its character. The limited covenants Section 442.420 reads into a fee simple conveyance made with the words grant, bargain and sell never attach here, because those words appear nowhere on the page; the deed remises, releases, and forever quitclaims, and expressly denies any implied covenant of title. Only the interest held at delivery moves, so later acquired title and Section 442.430 stay outside it, and liens, easements, and unpaid taxes keep burdening the parcel. The reserved estate is a conventional one: the grantor keeps no power to revoke the deed and none to sell or mortgage free of what the grantee received, so a later conveyance of the whole fee takes both signatures.

What Missouri law attaches to a life tenant

Section 537.420 subjects a tenant for life who commits waste, without special license in writing, to a civil action, loss of the thing wasted, and treble damages. Section 442.530 values a life interest, where a gross sum is paid in its place, as an annuity of six percent over the holder's probable life under the Carlisle tables printed there. And Section 461.005 keeps a remainder following a life tenancy out of the nonprobate transfer definition, so this life estate deed moves ordinary property rather than a revocable designation.

Recording, and the three inches at the top

The signed and notarized deed is filed with the recorder of deeds for the county where the parcel sits, or with the City of St. Louis recorder, and under Section 442.390 that filing imparts notice to all persons. Sections 59.310 and 59.313 keep the top three inches of page one clear, so the legal description sits in Section 4 under a first-page reference. No Missouri transfer tax attaches, though three jurisdictions collect a certificate of value with the deed, prepared apart from it.

The download holds three files: this quitclaim deed reserving a life estate as a fillable PDF, a completed Jefferson County example filled in end to end, and a plain language guide to every blank, the life estate and quitclaim statutes, and recording. The materials describe Missouri law in general terms and are not legal advice.