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Mississippi Transfer on Death Deed

A Mississippi transfer-on-death deed names a beneficiary to receive your real property without probate. It must be notarized and recorded with the chancery clerk before your death. Attorney review available.

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Introduction

A transfer on death deed in Mississippi, which the statute calls a transfer-on-death deed, is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Miss. Code Ann. 91-27-9, part of the Mississippi Real Property Transfer-On-Death Act at 91-27-1 and following, effective July 1, 2020). The deed is revocable and nontestamentary, so during your life it has no effect on your ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die (Miss. Code Ann. 91-27-11, 91-27-13, 91-27-23). To be valid, the deed must be executed with the acknowledgment Mississippi requires for deeds under Title 89, Chapter 3, meaning it is signed and notarized, and it need not be executed with the formalities of a will, so no witnesses are required (Miss. Code Ann. 91-27-11). The deed must contain the formalities of a recordable deed, state that the transfer occurs at your death, and be recorded before your death in the deed records of the chancery clerk of the county where the property is located (Miss. Code Ann. 91-27-17). There is no fixed number of days to record, but recording before death is required. Mississippi provides optional statutory forms for the deed and for a revocation (Miss. Code Ann. 91-27-33, 91-27-35). The deed is revocable by recording a later transfer-on-death deed or an instrument of revocation, acknowledged and recorded before your death, and a will does not revoke it; a divorce revokes it as to a former spouse (Miss. Code Ann. 91-27-21). The property passes subject to any liens, encumbrances, and creditor claims (Miss. Code Ann. 91-27-29). DocDraft builds your Mississippi transfer-on-death deed from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    In Mississippi a transfer on death deed, which the statute calls a transfer-on-death deed, is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Miss. Code Ann. 91-27-9).

  2. 2

    The deed is revocable and nontestamentary, so during your life it has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die (Miss. Code Ann. 91-27-11, 91-27-13, 91-27-23).

  3. 3

    The deed must be signed and acknowledged before a notary as Title 89, Chapter 3 requires for deeds, and it need not have the formalities of a will, so no witnesses are required (Miss. Code Ann. 91-27-11).

  4. 4

    To be effective the deed must contain the formalities of a recordable deed, state the transfer occurs at your death, and be recorded before your death in the deed records of the chancery clerk of the county where the property is located (Miss. Code Ann. 91-27-17). There is no fixed day deadline.

  5. 5

    Mississippi provides optional statutory forms for the transfer-on-death deed and for a revocation (Miss. Code Ann. 91-27-33, 91-27-35).

  6. 6

    The deed is revocable by recording a later transfer-on-death deed or an instrument of revocation, acknowledged and recorded before death. A will does not revoke it, and a divorce revokes it as to a former spouse (Miss. Code Ann. 91-27-21).

  7. 7

    The property passes to the beneficiary subject to any liens, encumbrances, and creditor claims against it (Miss. Code Ann. 91-27-29). The deed avoids probate for the property but does not erase debts secured by it.

Key decisions before you file

Before you file a Transfer on Death Deed in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.

Open the Transfer on Death Deed guide

Customize your Transfer on Death Deed Template with DocDraft

TRANSFER-ON-DEATH DEED (Mississippi Real Property Transfer-On-Death Act, Miss. Code Ann. 91-27-1 and following)

Recording requested by: [YOUR NAME] When recorded, return to: [NAME], [ADDRESS] Parcel number: [PARCEL NUMBER]

Important notice: Under Miss. Code Ann. 91-27-17, this deed must be recorded before the death of the transferor in the deed records of the chancery clerk of the county where the real property is located, or it is not effective. This deed conveys no interest until that death.

  1. Transferor. The transferor is [OWNER FULL NAME], residing at [OWNER ADDRESS], who owns the real property described below in [COUNTY] County, Mississippi.

  2. Property. The real property is legally described as: [FULL LEGAL DESCRIPTION FROM THE CURRENT DEED], commonly known as [STREET ADDRESS], parcel number [PARCEL NUMBER]. A street address alone is not enough to record this deed.

  3. Transfer effective at death. I designate the following beneficiary to receive my interest in the property described above, effective at my death: [BENEFICIARY FULL NAME]. If I name more than one beneficiary, they take in equal shares unless I state otherwise here: [SHARES]. If a beneficiary does not survive me, I name this alternate beneficiary: [ALTERNATE BENEFICIARY FULL NAME].

  4. Revocability and effect during life. This transfer-on-death deed is revocable and nontestamentary. It has no effect on my ownership while I am alive; I keep full control and may sell, mortgage, lease, or revoke it without the beneficiary consenting. I may revoke this deed by recording a later transfer-on-death deed or an instrument of revocation, acknowledged and recorded before my death in the same chancery clerk office (Miss. Code Ann. 91-27-21). A will does not revoke this deed.

  5. Interests taken subject to claims. The beneficiary takes the property subject to all mortgages, liens, encumbrances, and creditor claims that apply at my death (Miss. Code Ann. 91-27-29). A mortgage, tax lien, or judgment on the property stays with it after my death. Recording this deed does not by itself change my other assets or my will.

Signature. I sign this deed on [DATE].

[OWNER FULL NAME], Transferor

Notary acknowledgment. [Mississippi notary acknowledgment block. The transferor signature must be acknowledged before a notary as Title 89, Chapter 3 requires. Mississippi does not require witnesses for this deed.]

What the beneficiary does at my death. To claim the property, the beneficiary records proof of my death with the chancery clerk of the county where the property is located and takes any further step the Act requires. Until the beneficiary records that proof, the public records continue to show me as the owner.

Note: This Mississippi deed follows the optional transfer-on-death deed form in Miss. Code Ann. 91-27-33 and must be recorded with the chancery clerk before the transferor death. For the generic template and other states, see the Transfer on Death Deed hub.

Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Mississippi in about a minute, and notarize it online through DocDraft if it does.

Mississippi Requirements for Transfer on Death Deed

Use the Mississippi Statutory TOD Deed Form

Mississippi provides an optional statutory transfer-on-death deed form (Miss. Code Ann. 91-27-33) and a revocation form (91-27-35). The deed must name a beneficiary and state that the transfer of the property occurs at the death of the transferor.

Legal Description and Parcel Number

The full legal description of the property from the current recorded deed, plus the street address and the parcel number. A street address alone is not enough to record the deed with the chancery clerk.

Name the Beneficiary and an Alternate

The full legal name of the beneficiary who will receive the property at the transferor death, and an alternate beneficiary if the first does not survive. Naming a backup keeps the property out of probate if the first beneficiary dies first.

Notarize the Signature

The transferor must sign the deed and have the signature acknowledged before a notary as Title 89, Chapter 3 requires for deeds (Miss. Code Ann. 91-27-11). Without acknowledgment the deed cannot be recorded and is not valid.

No Witnesses Required

A Mississippi transfer-on-death deed need not be executed with the formalities of a will, so witnesses are not required (Miss. Code Ann. 91-27-11). The signing requirement is acknowledgment before a notary, not attestation by witnesses.

Record With the Chancery Clerk Before Death

The deed is effective only if it is recorded before the transferor death in the deed records of the chancery clerk of the county where the property is located (Miss. Code Ann. 91-27-17). There is no fixed day deadline, so record promptly after signing.

Revocation Only by Statutory Means

The deed is revocable by recording a later transfer-on-death deed or an instrument of revocation, acknowledged and recorded before death (Miss. Code Ann. 91-27-21). A will does not revoke it, and a divorce revokes it as to a former spouse.

Property Passes Subject to Claims

The beneficiary takes the property subject to any mortgages, liens, encumbrances, and creditor claims that apply at the transferor death (Miss. Code Ann. 91-27-29). The deed avoids probate for the property but does not erase debts secured by it.

Does your Transfer on Death Deed need to be notarized in Mississippi?

Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

In Mississippi it is called a transfer-on-death deed. It is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Miss. Code Ann. 91-27-9). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.

A Mississippi will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A Mississippi transfer-on-death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer-on-death deed covers only the real property it describes. Many people use both, so the deed handles the home and the will handles everything else.

You must execute the deed with the acknowledgment Mississippi requires for deeds under Title 89, Chapter 3, meaning it is signed and notarized (Miss. Code Ann. 91-27-11). The deed must contain the formalities of a recordable deed, state that the transfer occurs at your death, and be recorded before your death in the deed records of the chancery clerk of the county where the property is located (Miss. Code Ann. 91-27-17). No witnesses are required.

A Mississippi transfer-on-death deed is effective only if it is recorded before your death in the deed records of the chancery clerk of the county where the property is located (Miss. Code Ann. 91-27-17). There is no fixed number of days after signing, but the deed does nothing if it is not recorded before you die. Recording promptly after you sign is the safest approach.

No. A Mississippi transfer-on-death deed must be signed and acknowledged before a notary as Title 89, Chapter 3 requires for deeds, but it need not be executed with the formalities of a will, so witnesses are not required (Miss. Code Ann. 91-27-11). This is different from a Mississippi will, which does have witness requirements.

Yes. You can revoke a Mississippi transfer-on-death deed by recording a later transfer-on-death deed that revokes or is inconsistent with it, or by recording an instrument of revocation, acknowledged and recorded before your death in the same chancery clerk office (Miss. Code Ann. 91-27-21). A will does not revoke it. A divorce revokes the deed as to a former spouse, and an inter vivos transfer of the property also affects it.

It avoids probate for the property it names, but it does not clear existing debts. The property passes to the beneficiary subject to any liens, encumbrances, and creditor claims against it (Miss. Code Ann. 91-27-29). A mortgage, tax lien, or judgment on the property stays with it. You should account for those claims when you plan to use the deed.

Yes. Mississippi provides an optional statutory form for the transfer-on-death deed and a matching optional form for a revocation (Miss. Code Ann. 91-27-33, 91-27-35). Using the statutory language helps make sure the deed includes the terms Mississippi requires. The deed still must be notarized and recorded with the chancery clerk before your death to be effective.