# Mo. Rev. Stat. § 461.005: 461.005 Definitions

> Missouri · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.005

## Section

- **Citation:** Mo. Rev. Stat. § 461.005
- **Heading:** 461.005 Definitions
- **Jurisdiction:** Missouri
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MO Code / Chapter 461 / Section 461.005

## Text

461.005. Definitions. — In sections 461.003 to 461.081 , unless the context otherwise requires, the following terms mean:

(1) "Beneficiary" , a person or persons designated or entitled to receive property pursuant to a nonprobate transfer on surviving one or more persons;

(2) "Beneficiary designation" , a provision in writing that is not a will that designates the beneficiary of a nonprobate transfer, including the transferee in an instrument that makes the transfer effective on death of the owner, and that complies with the conditions of any governing instrument, the rules of any transferring entity and applicable law;

(3) "Death of the owner" , in the case of joint owners, means death of the last surviving owner;

(4) "In proper form" , a phrase which applies to a beneficiary designation or a revocation or change thereof, or a request to make, revoke or change a beneficiary designation, which complies with the terms of the governing instrument, the rules of the transferring entity and applicable law, including any requirements with respect to supplemental documents;

(5) "Joint owners" , persons who hold property as joint tenants with right of survivorship and a husband and wife who hold property as tenants by the entirety;

(6) "LDPS" , an abbreviation of lineal descendants per stirpes which may be used in a beneficiary designation to designate a substitute beneficiary as provided in section 461.045 ;

(7) "Nonprobate transfer" , a transfer of property taking effect upon the death of the owner, pursuant to a beneficiary designation. A nonprobate transfer under sections 461.003 to 461.081 does not include survivorship rights in property held as joint tenants or tenants by the entirety, a transfer to a remainderman on termination of a life tenancy, a transfer under a trust established by an individual, either inter vivos or testamentary, a transfer pursuant to the exercise or nonexercise of a power of appointment, or a transfer made on death of a person who did not have the right to designate his or her estate as the beneficiary of the transfer;

(8) "Owner" , a person or persons having a right, exercisable alone or with others, regardless of the terminology used to refer to the owner in any written beneficiary designation, to designate the beneficiary of a nonprobate transfer, and includes joint owners. The provisions of this subdivision shall apply to all beneficiary deeds executed and filed at any time, including, but not limited to, those executed and filed on or before August 28, 2005;

(9) "Ownership in beneficiary form" , holding property pursuant to a registration in beneficiary form or other writing that names the owner of the property followed by a transfer on death direction and the designation of a beneficiary;

(10) "Person" , living individuals, entities capable of owning property and fiduciaries;

(11) "Proof of death" , includes a death certificate or record or report that is prima facie proof or evidence of death under section 472.290 ;

(12) "Property" , any present or future interest in property, real or personal, tangible or intangible, legal or equitable. Property includes a right to direct or receive payment of a debt, money or other benefits due under a contract, account agreement, deposit agreement, employment contract, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust or law, a right to receive performance remaining due under a contract, a right to receive payment under a promissory note or a debt maintained in a written account record, rights under a certificated or uncertificated security, rights under an instrument evidencing ownership of property issued by a governmental agency and rights under a document of title within the meaning of section 400.1-201 ;
t or law, a right to receive performance remaining due under a contract, a right to receive payment under a promissory note or a debt maintained in a written account record, rights under a certificated or uncertificated security, rights under an instrument evidencing ownership of property issued by a governmental agency and rights under a document of title within the meaning of section 400.1-201 ;

(13) "Registration in beneficiary form" , titling of an account record, certificate, or other written instrument evidencing ownership of property in the name of the owner followed by a transfer on death direction and the designation of a beneficiary;

(14) "Security" , a certificated or uncertificated security as defined in section 400.8-102 , including securities as defined in section 409.401 * ;

(15) "Transfer on death direction" , the phrase "transfer on death to" or the phrase "pay on death to" or the abbreviation "TOD" or "POD" after the name of the owners and before the designation of the beneficiary; and

(16) "Transferring entity" , a person who owes a debt or is obligated to pay money or benefits, render contract performance, deliver or convey property, or change the record of ownership of property on the books, records and accounts of an enterprise or on a certificate or document of title that evidences property rights, and includes any governmental agency, business entity or transfer agent that issues certificates of ownership or title to property and a person acting as a custodial agent for an owner's property.

(L. 1989 H.B. 145 § 18, A.L. 1995 S.B. 116, A.L. 2005 S.B. 407 merged with S.B. 420 & 344) *Section 409.401 was repealed in 2003 by H.B. 380, effective 9-01-03.

## Nearby sections

- [Mo. Rev. Stat. § 461.001 461.001 Transfers on death, certain provisions deemed nontestamentary, exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.001.md)
- [Mo. Rev. Stat. § 461.003 461.003 Law, how cited.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.003.md)
- [Mo. Rev. Stat. § 461.005 461.005 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.005.md)
- [Mo. Rev. Stat. § 461.009 461.009 Nonprobate transfers not subject to requirements of a will — effect with or ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.009.md)
- [Mo. Rev. Stat. § 461.011 461.011 Transferring entity acting as agent for owner subject to nontransfer law, ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.011.md)
- [Mo. Rev. Stat. § 461.012 461.012 Nonprobate transfers subject to agreement of transferring entity, when.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.012.md)
- [Mo. Rev. Stat. § 461.014 461.014 Transferring entity, obligation resulting from acceptance and registration.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.014.md)
- [Mo. Rev. Stat. § 461.021 461.021 Beneficiary designation under written instrument or law, effect.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.021.md)
- [Mo. Rev. Stat. § 461.023 461.023 Assignments effective on death of owner — delivery, effect.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.023.md)
- [Mo. Rev. Stat. § 461.025 461.025 Deeds effective on death of owner — recording, effect.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.025.md)
- [Mo. Rev. Stat. § 461.026 461.026 Procedure to transfer tangible personal property to take effect on death of ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.026.md)
- [Mo. Rev. Stat. § 461.027 461.027 Transferor may directly transfer property to a transferee to hold as owner ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.027.md)
- [Mo. Rev. Stat. § 461.028 461.028 Registration of property, including accounts and securities in beneficiary ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.028.md)
- [Mo. Rev. Stat. § 461.031 461.031 Effect of beneficiary designation on ownership of property during lifetime ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.031.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MO_C461_S461.005. Check the current official text before relying on it. Not legal advice.