The correct way to title your home can determine whether your family deals with a smooth transfer or a long probate nightmare.
For most families in Missouri, the home is their single largest asset — and the #1 reason estates end up in probate. In fact, if your home is titled incorrectly or left in your name alone, your family will almost certainly be forced into Missouri probate court.
The good news?
There are several proven strategies to make sure your home transfers smoothly, privately, and without court involvement.
This guide covers:
- How home titling works in Missouri
- Different types of ownership
- How TOD deeds work
- When TOD deeds fail
- How trusts handle real estate
- Mistakes homeowners make
- The best way to protect your home
Let’s start with the basics.
Why Home Titling Matters in Missouri
How your home is titled affects:
- whether probate is required
- who inherits the property
- how quickly the home transfers
- whether creditors can make claims
- whether family conflict arises
- how blended families are treated
- whether minors or disabled beneficiaries need court involvement
Most people never review their deed after purchase, refinancing, or marriage.
But titling is one of the most important parts of your estate plan.
he Main Ways to Title a Home in Missouri
Missouri recognizes several forms of ownership. Each has different consequences when someone dies.
1. Sole Ownership (Individual Name Only)
Example:
John Doe
This is the worst way to title a home from a probate standpoint because:
❌ Probate is guaranteed
❌ Home cannot be sold quickly
❌ Court approval is required for many actions
❌ Real estate delays probate for months
If you own your home individually, a probate case is unavoidable when you pass away.
2. Joint Tenancy With Right of Survivorship
Example:
John Doe and Jane Doe, as Joint Tenants with Right of Survivorship
This form of ownership:
✔ Avoids probate at the first death
❌ Does NOT avoid probate at the second death
Couples often misunderstand this.
After the first spouse dies, the survivor becomes sole owner. But once the survivor passes, probate is required unless the home is placed into a living trust or transferred via TOD deed.
3. Tenancy by the Entirety (Married Couples Only)
This is a special form of joint ownership only available to married couples.
Like joint tenancy, it:
✔ Avoids probate at the first death
❌ Fails at the second death
✔ Provides some creditor protection
Still, this ownership method should not be mistaken for a long-term estate plan.
4. Transfer-on-Death (TOD) Beneficiary Deed
A Missouri TOD deed allows your home to transfer outside probate to the beneficiary you name — if everything goes perfectly.
TOD deeds are common, but also commonly misunderstood.
They work best when:
- you have one adult beneficiary
- no blended family issues
- no minor children
- no disabled beneficiaries
- no disputes expected
- real estate is your only asset needing transfer
But as we covered in a prior article, TOD deeds also fail frequently, for reasons such as:
- beneficiary dies before you
- blended family conflict
- disputes between multiple beneficiaries
- minors who cannot accept title
- disabled beneficiaries losing benefits
- failure to record deed
- outdated deed
- co-ownership issues
TOD deeds are simple, but simplicity can be dangerous.
5. Revocable Living Trust Ownership
This is the gold standard for most Missouri families.
Your home is titled as:
“John Doe and Jane Doe, Trustees of the Doe Family Trust dated January 1, 2025.”
Benefits include:
✔ Avoids probate entirely
✔ Protects blended families
✔ Prevents disputes
✔ Allows sale or refinance without probate
✔ Handles incapacity
✔ Provides long-term instructions
✔ Protects minor or disabled beneficiaries
✔ Works even if a beneficiary dies first
Trusts offer flexibility and security that no other titling method can match.
How to Title Your Home Correctly to Avoid Probate
To avoid probate in Missouri, you must ensure your home is not owned in your individual name at death.
There are three primary ways to do this:
Option 1: Transfer Your Home Into a Revocable Living Trust (Best Option)
This is the most reliable method.
Steps required:
- Prepare a new deed transferring home to your trust
- Sign deed before a notary
- Record deed with your county Recorder of Deeds
- Update homeowner’s insurance
- Update umbrella policies
- Confirm lender compliance (if any)
Benefits:
- no probate for the home
- seamless transfer
- successor trustee can sell quickly
- children receive inheritance privately
- solves blended-family issues
- protects homes for minor children
- handles incapacity
- avoids co-ownership conflicts
Best for:
- parents with minor kids
- blended families
- homeowners with more than one property
- people with life insurance or retirement accounts
- anyone wanting long-term control
Option 2: Use a Missouri TOD (Transfer-on-Death) Deed
TOD deeds can be good for:
- simple estates
- one property
- one adult beneficiary
- no complex family structure
A TOD must be:
- properly completed
- notarized
- recorded before death
It works as long as there are no disputes or complicated circumstances.
But TOD deeds fail frequently when multiple beneficiaries are involved.
Option 3: Use Joint Tenancy or Tenancy by the Entirety (Limited Use)
Joint ownership is helpful for married couples to avoid probate at the first death only.
But it:
- does nothing at the second death
- can create tax or creditor concerns
- creates risk if a child is added to title
- does not solve minor or disabled beneficiary issues
- does not protect blended families
Joint ownership can be part of a plan, but is not a complete solution.
Common Titling Mistakes Missouri Homeowners Should Avoid
These mistakes often lead to probate, conflict, or unintended consequences.
❌ Leaving your home in your individual name
This guarantees probate.
❌ Adding a child to the deed
This creates:
- creditor risks
- tax problems
- Medicaid penalties
- loss of control
- possible eviction issues
- loss of step-up basis
Never add children to your deed without speaking to an attorney.
❌ Using a TOD when you have multiple children
This creates co-ownership and conflict.
❌ Forgetting to update deeds after refinancing
Refinancing often removes trust ownership.
This must be re-titled afterward.
❌ Failing to fund your trust
A trust without real estate inside is ineffective.
How Real Estate Works Inside a Trust
When your home is inside your trust:
- you can still sell it
- you can still refinance (with proper documentation)
- you still get property tax benefits
- the trust protects your instructions
- your successor trustee takes over smoothly
You lose no control during life.
You gain complete protection after death.
Final Thoughts — The Safest Way to Protect Your Home
Most Missouri families should title their home in a revocable living trust because:
✔ it avoids probate
✔ it avoids disputes
✔ it protects children
✔ it works even if beneficiaries die first
✔ it gives long-term structure
✔ it provides financial stability
✔ it simplifies estate settlement
TOD deeds and joint ownership are useful tools — but they cannot replace a trust.
Want to Title Your Home Correctly and Avoid Probate Entirely?
We help Missouri homeowners:
- title homes into trusts
- prepare TOD deeds when appropriate
- avoid probate
- update beneficiaries
- complete fully funded trust plans
- meet virtually
- work around your schedule