For most Scott 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 Scott 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 Scott 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.
A beneficiary deed names a beneficiary who receives Scott 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 Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathRSMo 461.003 to 461.081Verified Aug 24, 2026View source.
Deeds and other real property documents for Scott County are recorded with the Recorder of Deeds, led by Recorder of Deeds Tara Mason, at 131 S. Winchester St, Room 134, Benton, MO 63736. Phone: 573-545-3551. Hours: Monday-Friday 8:00 AM - 4:30 PM.
Documents submitted by mail go to P.O. Box 78, Benton, MO 63736.
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 Scott County. A beneficiary deed is exempt from transfer tax.
Scott County accepts electronic recording through CSC.
Recording Office Record
Scott County · Recorder of Deeds · Tara Mason
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first page) | $26 |
| Each additional page | $3 |
| Transfer tax on a TOD deed | Exempt |
RSMo 59.310.6(1), 59.319, 59.321, 59.800, 50.1190
Verified September 7, 2026 · Source
FirmSikeston, MO
Sikeston law firm serving Missouri's Bootheel region with estate planning, estate administration, and estate litigation services. Bruce A. Lawrence and R. Kye Lawrence provide coverage across southeast Missouri.
PracticesEstate PlanningEstate AdministrationProbate LitigationTrust Litigation
FirmCape Girardeau, MO
Serves Cape Girardeau County plus Scott, Perry, and Bollinger counties in southeast Missouri. Guides personal representatives through probate — filing the will, Letters Testamentary, inventory, creditor claims, and distribution — in both supervised and independent administration, and handles farm and business succession. Kelvin Birk is both an attorney and a CPA, and consultations are free.
PracticesEstate PlanningTrust AdministrationBusiness LawProbate AdministrationReal Estate
FirmCape Girardeau, MO
Practices in the Cape Girardeau, Perry, and Scott county probate courts from offices in Cape Girardeau and Perryville. Handles probate and trust administration for families after a death, plus wills, revocable and irrevocable trusts, special needs trusts, and Medicaid planning for long-term care. John Layton and Stephen Southard have practiced here since 1972, and the initial consultation is free.
PracticesEstate PlanningMedicaid PlanningProbate AdministrationWills Trusts
FirmSpringfield, MO
Springfield law firm helping families understand Missouri probate laws. Experienced lawyers handle probate in many county courts throughout Missouri, guiding clients from opening estates to closing them.
PracticesEstate PlanningElder LawAsset ProtectionProbate Administration
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.
Estate planning articles for Missouri.
Forms and tools for property owners in Scott County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Missouri.
