[MO] How do I enter a deceased grantor into a quitclaim or beneficiary deed?
For the Quitclaim Deed:
Since the second grantor is deceased, their interest has likely passed to their heirs (in this case, the widow). You'll need to:
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Record the death certificate along with the quitclaim deed.
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Show evidence that the widow has the legal authority to transfer the deceased's interest (via a will or letters of administration, if available).
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Draft the deed with language such as “Grantor #2, deceased, by and through the surviving spouse, [name].”
For the Beneficiary Deed:
This lets the property pass directly to designated beneficiaries upon the owner’s death, avoiding probate. If you're updating or clarifying the beneficiary deed posthumously, make sure it reflects the current ownership, factoring in the deceased’s interest and any transfer to the surviving spouse.
Depending on your goals, using both documents might be appropriate. The key difference is that a beneficiary deed transfers automatically at death (RSMo 461.045), while a quitclaim deed typically involves living parties or legal representatives of a deceased party (RSMo Section 61.025).
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On the quitclaim deed, how do I enter the second grantor, since he is deceased?
I understand that you're dealing with a situation involving a deceased second grantor on a quitclaim deed. Who is currently in possession of the deceased grantor's interest in the property?
Grantor #1, his widowed spouse.
Have you already obtained a death certificate for the deceased second grantor to provide as documentation for the transfer of their interest in the property?
Yes, the original. This will be the first legal action since his death.
Is there anything else the real estate lawyer should know before I connect you?
Yes. I have the same question for the beneficiary deed. Can you have both in Missouri?
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Thank you.
For the Quitclaim Deed:
Since the second grantor is deceased, their interest has likely passed to their heirs (in this case, the widow). You'll need to:
-
Record the death certificate along with the quitclaim deed.
-
Show evidence that the widow has the legal authority to transfer the deceased's interest (via a will or letters of administration, if available).
-
Draft the deed with language such as “Grantor #2, deceased, by and through the surviving spouse, [name].”
For the Beneficiary Deed:
This lets the property pass directly to designated beneficiaries upon the owner’s death, avoiding probate. If you're updating or clarifying the beneficiary deed posthumously, make sure it reflects the current ownership, factoring in the deceased’s interest and any transfer to the surviving spouse.
Depending on your goals, using both documents might be appropriate. The key difference is that a beneficiary deed transfers automatically at death (RSMo 461.045), while a quitclaim deed typically involves living parties or legal representatives of a deceased party (RSMo Section 61.025).
Thanks, sir. I think I got it. The trick here will be explaining/expressing the deceased's wishes since no documents were ever prepared. I suppose we can entertain that matter later. For now, I think we can both call it quits for tonight. Thanks again for hanging in there to get this conversation started. Have a restful night.
You’re very welcome! Thank you so much, and Happy New Year to you and your extended family!
