Mo. Rev. Stat. » Chapter 461
Missouri Revised Statutes

Mo. Rev. Stat. § 461.025 (2026)

Deeds effective on death of owner

✓ current as of May 2026
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  461.025.  Deeds effective on death of owner — recording, effect. — 1.  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.  A beneficiary deed need not be supported by consideration or be delivered to the grantee beneficiary.  A beneficiary deed may be used to transfer an interest in real property to a trust estate, regardless of such trust's revocability.

  2.  This section does not preclude other methods of conveyancing that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner.  This section does not invalidate any deed, otherwise effective by law to convey title to the interest and estates therein provided, that is not recorded until after the death of the owner.

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(L. 1989 H.B. 145 § 25, A.L. 1994 S.B. 701, A.L. 1995 S.B. 116)

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1998–2025 · leading case: Pippin v. Pippin, 154 S.W.3d 376 (Mo. Ct. App. 2004).
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Pippin v. Pippin, 154 S.W.3d 376 (Mo. Ct. App. 2004). · cites it 40× “" The beneficiary deed also contained the following language: "THIS BENEFICARY DEED is executed pursuant to Section 461.025 RSMo Supplement 1989. It is not effective to convey title to the above described real estate until Grantors, [Decedent] and [Appellant's] death.”
Hoit v. Rankin, 320 S.W.3d 761 (Mo. Ct. App. 2010). · cites it 4× “17 . In fact, the Rankins' counterclaim asserts that their claim for damages arises out of their claimed reliance on the promise of a gift of the House after the deaths of the Hoits.”
Est. of Dugger v. Dugger, 110 S.W.3d 423 (Mo. Ct. App. 2003). · cites it 4× “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,…”
Nancy Jo Jennings, Adm'r Pendente Lite of The Est. of Bertha Blanche Don Carlos v. Russell E. Atkinson, 456 S.W.3d 461 (Mo. Ct. App. 2014). · cites it 4× “In section 461.025, the Law creates a deed unrecognized in the common law: the “beneficiary deed.”
Groh v. Ballard, 965 S.W.2d 872 (Mo. Ct. App. 1998). · cites it 2× “The General Assembly created beneficiary deeds in § 461.025, RSMo 1994, and governs their use in Chapter 461 of its revised statutes.”
In Re Est. of Jones, 280 S.W.3d 647 (Mo. Ct. App. 2009). · cites it 3× “See §§ 461.025, 461.005(2), (7), RSMo 2007. Accordingly, Knight and Jones argue that because Missouri has not chosen to use the expanded definition of “estate,” the State has no authority to make a claim against the nonprobate transfer.”
Gregg v. Georgacopoulos, 990 S.W.2d 120 (Mo. Ct. App. 1999). · cites it 2× “See § 461.025 RSMo Cum.Supp. 1995. Since Plaintiff was not a purchaser for value without notice, defects or irregularities in the acknowledgement cannot be a basis for the trial court’s determination that the deed was “null and void.”
Hammack v. Coffelt Land Title, Inc., 348 S.W.3d 75 (Mo. Ct. App. 2011). · cites it 2× “2 also recognizes that nothing in section 461.025 invalidates “any deed, otherwise effective by law to convey title to the interest and estates therein provided, that is not recorded until after the death of the owner.”
Delcour v. Rakestraw, 340 S.W.3d 320 (Mo. Ct. App. 2011). · cites it 2× “By definition, a "nonprobate transfer" takes effect upon an owner's death pursuant to a "beneficiary designation," which is a written provision "that designates the beneficiary of a nonprobate transfer, including the transferee in an instrument that makes the transfer effective…”
In the Matter of Gerald E. Whisenand, Rachelle D. Franzeskos, Russell D. Whisenand v. Reggie Fatino & Tracy Whisenand (Mo. Ct. App. 2022). · cites it 2× “were not substantially complied with; and in that the defective acknowledgement on the beneficiary deed made the recording of the deed a nullity as a matter of law; and in that a beneficiary deed not properly recorded prior to the death of the Grantor is a nullity as a matter of…”
Dubuque Bank & Trust Co. v. Daniels (E.D. Mo. 2025). · cites it 2× “The 2002 Beneficiary Deed stated that it was executed pursuant to Mo. Rev. Stat. § 461.025 and would not come into effect until Phyllis Daniels’s death.”
David L Daniels & Sandy E Daniels (Bankr. E.D. Mo. 2025). · cites it 2× “The 2002 Beneficiary Deed stated that it was executed pursuant to Mo. Rev. Stat. § 461.025 and would not come into effect until Phyllis Daniels’s death.”
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