One of the many useful aspects of the Nonprobate Transfers Law of Missouri (RSMo Sections 461.003 to 461.081) is the option to revoke a previously recorded beneficiary deed. Revocation is specifically addressed in RSMo 431.033. The option to revoke is possible for several reasons: the grantor is not required to notify the beneficiary of the potential future interest; there is no consideration given in exchange for property rights; and the transfer of ownership is not completed until the grantor or grantors have all died. As a result, the named beneficiary has no actual interest in the real estate.

A grantor on a beneficiary deed may change or revoke beneficiary designations at will, and with no obligation to the individuals named as beneficiaries on the deed. To accomplish this, the original grantor (or grantors) may record a signed, notarized notice of revocation with the same office that accepted the original beneficiary deed. While effective, real estate that is not re-conveyed under a new beneficiary deed reverts back to the grantor's estate at his/her death, and is then distributed via the probate process. Alternately, the grantor may execute a new beneficiary deed, designating someone else as the beneficiary. Recording the new deed removes the prior beneficiary's name and replaces it, identifying the current beneficiary's information.

Note that any change in beneficiary designation must be executed and submitted for recordation during the grantor's lifetime.

(Missouri Revocation of BD Package includes form, guidelines, and completed example)

Back to Missouri