Free Mississippi Affidavit of Death

In Mississippi, a surviving joint owner or a transfer on death deed beneficiary records the “Affidavit containing a statement relating to the death or the time of death”.

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Who may sign in Mississippi: Not limited by statute: § 89-5-8 requires only that the affiant sign and swear to the affidavit. Mississippi title standards describe an affidavit as signed by an individual with personal knowledge of the facts.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit containing a statement relating to the death or the time of death”: Mississippi law lets a sworn affidavit stating a joint tenant's death be recorded with the chancery clerk, and it must describe the land. No statute requires it before the survivor holds title, and no deadline applies. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: Not limited by statute: § 89-5-8 requires only that the affiant sign and swear to the affidavit. Mississippi title standards describe an affidavit as signed by an individual with personal knowledge of the facts. The affidavit is sworn before a notary public, who completes the jurat.

It states: a statement of the death or the time of death of the deceased joint tenant, a party to the deed affecting the title; a description of the real property the affidavit covers.

Recording is not a condition of the transfer: title passed at the death under the instrument.

The “Affidavit containing a statement relating to the death or the time of death”: Mississippi's transfer-on-death deed act names no filing for the beneficiary; the interest passes at the owner's death. A sworn affidavit stating the owner's death and describing the land may be recorded with the chancery clerk, with no deadline. Who signs: Not limited by statute: § 89-5-8 requires only that the affiant sign and swear to the affidavit, and the transfer-on-death deed act names no affiant. Mississippi title standards describe an affidavit as signed by an individual with personal knowledge of the facts. The document is prepared on that basis as well.

The Affidavit of Death in Mississippi

Mississippi's instrument for a joint owner's death is the “Affidavit containing a statement relating to the death or the time of death”, recorded by a surviving joint owner with the county recording office. What it does: Mississippi law lets a sworn affidavit stating a joint tenant's death be recorded with the chancery clerk, and it must describe the land. No statute requires it before the survivor holds title, and no deadline applies.

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: Not limited by statute: § 89-5-8 requires only that the affiant sign and swear to the affidavit. Mississippi title standards describe an affidavit as signed by an individual with personal knowledge of the facts.

What the statute has it state: a statement of the death or the time of death of the deceased joint tenant, a party to the deed affecting the title; a description of the real property the affidavit covers.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

A transfer on death deed beneficiary records the “Affidavit containing a statement relating to the death or the time of death”: Mississippi's transfer-on-death deed act names no filing for the beneficiary; the interest passes at the owner's death. A sworn affidavit stating the owner's death and describing the land may be recorded with the chancery clerk, with no deadline. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Mississippi statutes and official state code. How we research.

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Free Mississippi Affidavit of Death

In Mississippi, a surviving joint owner or a transfer on death deed beneficiary records the “Affidavit containing a statement relating to the death or the time of death”.

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The Affidavit of Death in Mississippi

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

Free Mississippi Affidavit of Death

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Free Mississippi Affidavit of Death

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