Quitclaim Deeds and Transferring Property in Mississippi
How to sign and record a quitclaim or other deed in Mississippi, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed may be recorded if it bears an original (or compliant electronic) signature and is acknowledged or proved according to law. Deeds are recorded with the chancery clerk of the county where the land is located. Miss. Code Ann. §§ 89-3-1, 89-5-24
| Signing and recording a deed | A deed may be recorded if it bears an original (or compliant electronic) signature and is acknowledged or proved according to law. Deeds are recorded with the chancery clerk of the county where the land is located. For documents signed on or after July 1, 2009, the first page needs a 3-inch top margin and must show the preparer's name, business address and phone number; the name, mailing address and phone number of each grantor and grantee; a return address; the title; and the legal description or indexing instructions. Signatures must be in black or blue ink with the name typed or printed beneath, on white paper in at least 10-point type, one side only. A nonconforming document is still recorded but may carry an extra $10 fee. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
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| Transfer-on-death deed | Yes. An individual may transfer real property at death to one or more beneficiaries by a transfer-on-death deed. The owner must have the same capacity needed to make a contract. The deed must contain the essential elements of a recordable deed, state that the transfer takes effect at the owner's death, be acknowledged before a notary like other deeds (will formalities are not required), and be recorded before the owner's death with the chancery clerk of the county where the property is located. A TOD deed is not a will. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
Free Mississippi quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Mississippi?
A deed may be recorded if it bears an original (or compliant electronic) signature and is acknowledged or proved according to law. Deeds are recorded with the chancery clerk of the county where the land is located. For documents signed on or after July 1, 2009, the first page needs a 3-inch top margin and must show the preparer's name, business address and phone number; the name, mailing address and phone number of each grantor and grantee; a return address; the title; and the legal description or indexing instructions. Signatures must be in black or blue ink with the name typed or printed beneath, on white paper in at least 10-point type, one side only. A nonconforming document is still recorded but may carry an extra $10 fee.
Does Mississippi allow transfer-on-death deeds?
Yes. An individual may transfer real property at death to one or more beneficiaries by a transfer-on-death deed. The owner must have the same capacity needed to make a contract. The deed must contain the essential elements of a recordable deed, state that the transfer takes effect at the owner's death, be acknowledged before a notary like other deeds (will formalities are not required), and be recorded before the owner's death with the chancery clerk of the county where the property is located. A TOD deed is not a will.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.