At Affordable Legal Services, a division of the Piatchek Law Firm, our attorneys can assist you with real estate deeds as well as other documents and instruments that affect your real estate rights. In fact, we can create many types of deeds for a reasonable, flat fee. If you have a situation involving real estate, and you need a deed to be reviewed or created, we would be happy to help.
We create most warranty deeds, beneficiary deeds, and quitclaim deeds for $150, plus the county filing fee. Certain types of deeds, like trustee’s deeds and deeds of trust, will cost more. This price does not include office visits or notary services; we provide these services to local clients frequently, but it costs a little more to include them.
Clients hire us to prepare real estate deeds for many reasons, including the following:
- Adding another person’s name to the title of the deed
- Removing a party from a title deed, thus removing that person as an owner
- Conveying real estate in to (or out of) a revocable living trust or LLC
- Changing the way real estate is owned (such as owning a property as joint tenants with rights of survivorship instead of tenants in common)
- Changing a deed before or after a divorce
- Borrowing money against a deed, creating security interests, or creating a mortgagor/mortgagee relationship, such as in the creation of a deed of trust
- Setting up a beneficiary deed to state who will inherit property upon the owner’s death and to keep the property out of probate
- Correcting defects or inaccuracies on real estate deeds, such as fixing legal descriptions
- Transferring title after the death of the owners using a deed of heirship/affidavit of heirship, which may still keep the property out of probate (this is an exception to the general rule that anything stuck in the name of the owner after the owner’s death must go through probate)
Types of Deeds
We prepare many different types of deeds. The following list includes just some of the various types of deeds we prepare for clients:
- Quitclaim Deed. This is a deed used when one party wants to completely quit and release all claims to a title. Basically, this person wishes to be completely removed from the title and have nothing to do with the property from now on. This is common after a divorce or when multiple family members are on a title, and one party wants out. Quitclaim deeds are used for many other purposes as well.
- Warranty Deed. With this deed, one party conveys their rights and interests in a property to another party. By stating their own rights and interests in the real estate, this person also gives certain warranties. For example, the person guarantees that they do own good title to the real estate, they can convey proper title to the real estate, there are no major encumbrances or problems with the real estate, and they will defend the conveyance of the real estate title deed to any third parties that may come along later. This is a standard type of title deed that one party may give to another party when selling or conveying a piece of real estate.
- Beneficiary Deed. A beneficiary deed transfers a person’s interest in real estate to another person upon the owner’s death. We sometimes describe beneficiary deeds as “transfer-on-death deeds,” because this accurately describes what they do. This type of deed is similar to setting up a transfer-on-death (TOD) designation on your real estate. Beneficiary deeds have many formal requirements, and we have seen many completed improperly by people trying to create them on their own. It is very important to seek the services of an attorney when creating any deed, especially a beneficiary deed. In addition, beneficiary deeds must be filed during the owner’s lifetime.
- Correction Deed/Corrective Deed. Sometimes a previous real estate deed will include a mistake or inaccuracy, such as a misspelled name, incorrect legal description, or inaccurate description of the way in which the parties own the property (joint tenants, tenancy in common, tenants by entirety). Usually a corrective deed can be used to fix the problem. Anyone seeking to use a correction deed/corrective deed should hire an attorney to do so; do not attempt this on your own.
- Deed of Heirship/Affidavit of Heirship. Typically, when someone passes away owning real estate in their name only, the real estate becomes “stuck” in the name of the person who owned it (unless they use a beneficiary deed as described above), and the property must then go through probate. However, there are special rules in Missouri that sometimes allow for alternative procedures outside of probate under very specific circumstances. For more information, please visit our webpage dedicated to affidavits of heirship/deeds of heirship and view our video on the subject. This is a complicated process, one that would be very difficult for someone to attempt without an attorney.
Contact Our Offices Today
If you have any questions whatsoever about real estate deeds or titles, we would be happy to set up a consultation to answer your questions, address your concerns, and review/create any such documents. You can call us or email us to set up an appointment by phone or to discuss your concerns with our real estate attorneys and deed experts.