What happens to your house when you die in depends on how the title is held and whether you planned ahead.

If the house is titled in your name alone and you have not used a trust or a beneficiary deed, it goes through probate.

If you have a valid will, the court follows your instructions. If you do not, the house goes to your heirs under Missouri’s intestacy laws. Either way, a judge has to approve the transfer. It takes time, costs money, and the court stays involved until it is finished.

If the house is titled with your spouse as tenants by the entirety, your spouse becomes the sole owner when you die. That happens automatically and outside of probate.

If the house is titled jointly with another person with a right of survivorship, the surviving owner becomes the sole owner at death. That transfer also happens automatically and outside of probate.

If you recorded a beneficiary deed, ownership passes directly to the person or entity named when you die. It does not go through probate. However, the person or entity receiving the property still takes it subject to everything tied to the house, including the mortgage, insurance, taxes, and any liens. 

If the house is owned by a trust, the trustee transfers it according to the terms of the trust. Probate is avoided and the process stays private.

A will by itself does not avoid probate. That is a common mistake. A will only controls who gets your house through probate. If you want to avoid probate, you need to use a beneficiary deed, a trust, or another tool that changes how the title transfers at death.

What Needs to Happen After Death

The person in charge, whether that is the personal representative, trustee, or beneficiary, should obtain certified copies of the death certificate and locate the deed. The next step is to determine how the property is titled.

If the property passes by survivorship or beneficiary deed, an affidavit of death along with a certified death certificate is typically recorded with the county recorder.

If the property is owned by a trust, the trustee follows the instructions in the trust document.

If the property is titled in the decedent’s name alone with no probate-avoidance planning, a probate case must be opened to transfer the house.

Mortgages and Other Debts

The mortgage does not go away when someone dies. It stays with the house. Whoever ends up owning the property is responsible for keeping payments current, regardless of whether the house passes through probate, a trust, or a beneficiary deed. Property taxes, insurance, and maintenance obligations also continue. The lender should be notified after death.

Probate

If a house is owned individually and does not pass by survivorship, beneficiary deed, or trust, probate or a court determination of heirship is required, even if the property has little equity.

Property in Other States

If you live in Missouri but own real estate in another state, that property is governed by the laws of the state where it is located. Probate may be required in that state unless the property is owned by a trust or has its own probate-avoidance planning in place.

If You Need More Clarity

This is the general legal framework under Missouri law. Your specific facts will determine what actually happens. If you are a Missouri resident and have questions about your situation, you are welcome to schedule a free consultation using the link below.