Estate Planning for Madison County, Missouri Property Owners

For most Madison 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.

Record a TOD deedWhere to recordLocal attorneys

For a Madison 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 Madison 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.

Skipping this planning step means the Circuit Court - Probate Division decides who receives the property: a simple Missouri probate takes 6+ months and opens with about $115 in court filing fees. Missouri also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Madison County

A beneficiary deed names a beneficiary who receives Madison 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.

Create a Missouri TOD deed →Madison County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Madison County are recorded with the Recorder of Deeds at 1 Court Square, Fredericktown, MO 63645. Phone: 1-573-783-2176. Hours: Monday-Friday 8:00 AM-5:00 PM.

The Recorder of Deeds charges $26 for the first page plus $3 for each additional page. A 2-page beneficiary deed costs $29 to record in Madison County. No transfer tax applies to a beneficiary deed.

Madison County accepts electronic recording through CSC.

Recording Office Record

Recorder of Deeds

Madison County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

1 Court Square, Fredericktown, MO 63645

E-recording

available via CSC

Open in Google Maps

Fees

Recording fees

Base fee (first page)$26
Each additional page$3
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

RSMo 59.310.6(1), 59.319, 59.321, 59.800, 50.1190

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Madison County

FirmCape Girardeau, MO

Layton & Southard, LLC

Serves 6 counties

Practices in the Cape Girardeau, Perry, and Scott county probate courts from offices in Cape Girardeau and Perryville. Guides families through probate, from filing the will to paying debts and distributing the estate, and assists with trust administration, special needs trusts, and Medicaid planning. Founding attorney John A. Layton has practiced since 1972; the first consultation is free.

PracticesEstate PlanningTrust AdministrationProbateSpecial Needs PlanningMedicaid Planning

Office
2845 Professional CtCape Girardeau, MO 63703
Free consultation

FirmFredericktown, MO

Schnapp, Silvey, Reid & Bollinger, LLC

Since 1947 · Serves 8 counties

Fredericktown firm with a second office in Farmington, serving St. Francois, Madison, Ste. Genevieve, Washington, Iron, Reynolds, Bollinger, and Wayne counties. Handles probate, guardianships, and conservatorships, plus wills, trusts, powers of attorney, and Medicaid planning. Attorneys Michael W. Silvey, R. Scott Reid, and Nathaniel J. Bollinger; established 1947.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 4 more

Office
135 E Main StFredericktown, MO 63645

Solo PracticeFestus, MO

Gonz Law Firm, LLC

Serves 7 counties

Festus practice of attorney Jackie Gonz, who opened her own practice in 1995 and serves Ste. Genevieve, Jefferson, Perry, St. Francois, Cape Girardeau, Madison, and Washington counties. The firm is led by divorce and child custody work and also lists estate planning and guardianship among the matters it handles. Evening and weekend appointments are available by request.

PracticesEstate PlanningGuardianshipFamily Law

Office
386 Festus Centre DrFestus, MO 63028

FirmPoplar Bluff, MO

Kennedy, Robbins, Yarbro & Henson, LC

Since 1979 · Serves 10 counties

Poplar Bluff firm with roots in the city since 1979, serving Butler County and the Ozark Foothills towns of Doniphan, Van Buren, Piedmont and Ellington. Handles estate administration and probate alongside wills, trusts and powers of attorney. Partner Scott A. Robbins, in practice in Poplar Bluff since 1996, lists probate and estate planning among his practice areas.

PracticesEstate PlanningProbateBusiness LawCriminal Defenseand 2 more

Office
1165 Cherry StreetPoplar Bluff, MO 63901
Free consultation

FirmSpringfield, MO

The Piatchek Law Firm, LLC

Serves the whole state

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

Office
1546 E Bradford PkwySpringfield, MO 65804

Solo PracticeLaurie, MO

Renken Law Firm

Serves the whole state

Laurie practice of attorney Andrew W. Renken, serving the Lake of the Ozarks and Camden, Miller, Morgan, and Laclede counties, and taking estate planning cases throughout Missouri. Handles probate administration, guardianships, and conservatorships, and prepares wills, trusts, powers of attorney, health care directives, and living wills. Evening and weekend appointments are available.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more

Office
724 N Main StLaurie, MO 65037
See all 8 firms serving Madison County →

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.

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Legal Sources

Data sourced from Missouri statutes and official state code. How we research.

Forms for Planning Your Estate in Missouri

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.

Free

Last Will and Testament

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.

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Codicil to a Will

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.

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Free

Healthcare Power of Attorney

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.

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Free

HIPAA Release

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.

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Free

Financial Power of Attorney

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.

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Free

Transfer on Death Deed

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.

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Vehicle Transfer on Death

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.

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Free

Living Will

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.

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Tools for Planning Your Estate in Missouri

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.

How Do I Sign Estate Documents?

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.

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Will My Estate Documents Transfer?

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.

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Trust or Will: Which Costs Less?

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.

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How Much Does a Revocable Living Trust Cost?

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.

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How Much Does a Will Cost?

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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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Do I Need a Revocable Trust?

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.

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Estate planning articles for Missouri.