For most Buchanan County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Buchanan County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court - Probate Division. The two tools that keep a Buchanan County home out of probate are a transfer-on-death deed recorded with the Recorder of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Buchanan County property passes through the Circuit Court - Probate Division — even simple Missouri probates run 6+ months and start with about $115 in filing fees. Missouri also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A beneficiary deed names a beneficiary who receives Buchanan County property automatically at the owner's death, without probate. It is recorded with the Recorder of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a Missouri beneficiary deed is signed with notary acknowledgmentRSMo 461.003 to 461.081Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathRSMo 461.003 to 461.081Verified Oct 18, 2026View source.
Deeds and other real property documents for Buchanan County are recorded with the Recorder of Deeds at 411 Jules Street, Room 103, St. Joseph, MO 64501. Phone: 1-816-271-1437. Hours: Monday-Friday 8:00 AM-4:30 PM.
The Recorder of Deeds charges $26 for the first page plus $3 for each additional page. Recording a 2-page beneficiary deed in Buchanan County comes to $29. No transfer tax applies to a beneficiary deed.
Buchanan County accepts electronic recording through iCounty.
Recording Office Record
Buchanan County
Phone
Hours
Office
E-recording
Fees
Recording fees
| Base fee (first page) | $26 |
| Each additional page | $3 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
RSMo 59.310.6(1), 59.319, 59.321, 59.800, 50.1190
Verified October 16, 2026 · Source
Solo PracticeSt. Joseph, MO
Serves Buchanan County and western Missouri from St. Joseph. Represents personal representatives and family members through estate administration and probate litigation, including will contests, and drafts wills, trusts, and powers of attorney. Offers a free initial consultation.
PracticesEstate PlanningProbateProbate LitigationBusiness LawFamily Law
FirmPlattsburg, MO
Clinton County firm with offices in Plattsburg and Lathrop, representing clients across northwest Missouri including DeKalb, Andrew, Buchanan, Caldwell and Daviess counties. Helps families administer trusts and estates, including the estate of a deceased parent, and drafts wills and trusts. Also handles estate and succession planning for family farm, business and real estate holdings.
PracticesEstate PlanningTrust AdministrationProbateBusiness LawReal Estate
Solo PracticeSt. Joseph, MO
St. Joseph elder law practice of attorney Jennifer McKinley, serving individuals and families in the Northwest Missouri area. Prepares wills, revocable living trusts, special needs trusts, beneficiary deeds, and financial and healthcare powers of attorney, and handles Medicaid planning to protect assets when long-term care is needed.
PracticesEstate PlanningElder LawSpecial Needs PlanningMedicaid Planning
FirmMaryville, MO
Maryville firm serving Nodaway County and the surrounding northwest Missouri counties. Robert E. Sundell, who began practicing in northwest Missouri in 1992 and formed the firm in 1996, handles probate proceedings, estate administration, creditor claims, and disputes among beneficiaries, along with wills, trusts, and planning for the transfer of family farms and businesses.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 4 more
FirmLiberty, MO
Liberty elder law firm handling probate for families whose loved one lived in Kansas City, Liberty, Gladstone, Parkville, or anywhere in Clay or Platte counties. Guides executors through small-estate and full administration, intestate estates, and determinations of heirship. Cassie M. Rocha, Kara T. Burgess, and Tessa R. Carr also handle Medicaid and nursing home planning.
PracticesEstate PlanningProbateElder LawAsset ProtectionMedicaid Planning
FirmSpringfield, MO
Springfield firm serving Greene County and southwest Missouri, handling probate in county courts throughout the state. Runs estate administrations, small estates, refusals of letters, heirship determinations and affidavits, guardianship and conservatorship estates, and ancillary probate. Its elder law practice covers Medicaid (MO HealthNet) planning and special needs trusts.
PracticesEstate PlanningProbateElder LawConservatorshipand 4 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Missouri statutes and official state code. How we research.
Free forms for planning your estate in Missouri: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Missouri.
In Missouri, a will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo § 474.320Verified Oct 18, 2026View source.
In Missouri, a codicil is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo §§ 472.010(30), 474.337Verified Oct 25, 2026View source.
Missouri requires 2RSMo § 459.015 (optional living will form only)Verified Oct 15, 2026View source witnesses and notarizationRSMo § 459.015 (optional living will form only)Verified Oct 15, 2026View source for a healthcare power of attorney.
In Missouri, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Missouri requires explicit durability language for a power of attorney to survive incapacityRSMo §§ 404.700-404.735Verified Oct 21, 2026View source, and it is signed before a notaryRSMo §§ 404.700-404.735Verified Sep 18, 2026View source.
In Missouri, a beneficiary deed is signed before a notaryRSMo 461.003 to 461.081Verified Oct 18, 2026View source, then recorded with the county before the owner's deathRSMo 461.003 to 461.081Verified Oct 18, 2026View source. Missouri does not recognize a Lady Bird deed.
Missouri allows a transfer-on-death beneficiary designation on a vehicle titleMo. Rev. Stat. 301.681Verified Oct 21, 2026View source, filed through the Missouri Department of Revenue, Motor Vehicle Bureau using Form 108.
In Missouri, the living will is the DeclarationMo. Rev. Stat. ch. 459, §§ 459.010-459.055 (Declarations, Life Support) and § 459.250 (Advance Health Care Directives Registry)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Free tools for planning your estate in Missouri: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Missouri and read its answer.
In Missouri, a will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and notarization is not requiredRSMo § 474.320Verified Oct 18, 2026View source.
Missouri recognizes a will signed under the law of the place where it was signedRSMo § 474.360Verified Oct 18, 2026View source; a will signed in Missouri itself needs 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and notarization is not requiredRSMo § 474.320Verified Oct 18, 2026View source.
In Missouri, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateRSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Missouri runs $3,570Estimate: 10 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,355Estimate: 15 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Missouri runs $984Estimate: 3 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,968Estimate: 6 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $28,815RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Missouri, a parent names a guardian for a minor child in a will or a separate signed writingMo. Rev. Stat. §§ 475.045, 475.046Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mo. Rev. Stat. § 475.010(15)Verified Sep 15, 2026View source.
Probate in Missouri takes 6 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateRSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
Estate planning articles for Missouri.
Estate planning articles for Missouri.
