Free Mississippi Transfer on Death Deed

In Mississippi, a transfer-on-death deed is signed before a notary, then recorded with the county before the owner's death.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

Marital Status*

Mississippi law requires spousal joinder for certain property. Marital status determines whether a spouse consent section is included for this owner.

SingleMarriedDivorcedWidowed

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Mississippi provides a statutory form, and a deed in substantially that form is accepted. The deed must state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death.

A Mississippi transfer-on-death deed is recorded with the Chancery Clerk for the county where the property sits and must be on record before the owner's death to take effect. The deed must be recorded before the transferor's death in the deed records in the official records of the chancery clerk of the county where the real property is located. Miss. Code Ann. 91-27-17.

Co-owners may sign one deed together. Mississippi offers a spouse's joinder signature because the effect of one spouse signing alone is unsettled; the document carries the signature line and a notice of the point.

Mississippi lapses the share of a beneficiary who dies before the owner. The deed can name a successor beneficiary to take in that case. If a beneficiary does not survive the transferor, that beneficiary's interest lapses (Miss. Code Ann. 91-27-27(4)). If this deed designates a successor beneficiary for that interest, this deed controls and the successor takes it (91-27-27, preamble).

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. Mississippi Medicaid may recover payments for nursing facility, home- and community-based and related hospital and prescription drug services from the estate of a deceased recipient who was 55 or older when the assistance was received, and the Division of Medicaid is noticed as a creditor against that estate (Miss. Code Ann. 43-13-317). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

Mississippi Transfer on Death Deed

Mississippi authorizes transfer on death deeds: a property owner names a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in Mississippi passes through probate — a process that takes at least 6 months for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $75,000 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Miss. Code Ann. § 91-7-322
Miss. Code Ann. 91-27-1 to 91-27-37

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

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Tools for Planning Your Estate in Mississippi

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Mississippi authorizes transfer on death deeds: a recorded, revocable deed that passes real property at death outside probate.

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Probate on a $500,000 estate in Mississippi costs an estimated $23,712. Attorney fees run 1.6% to 2.5% of the estate under a reasonable-compensation standard.

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In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.

Free Mississippi Transfer on Death Deed

In Mississippi, a transfer-on-death deed is signed before a notary, then recorded with the county before the owner's death.

Progress0%

Mississippi Transfer on Death Deed

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Miss. Code Ann. § 91-7-322
Miss. Code Ann. 91-27-1 to 91-27-37

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

Free Mississippi Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in Mississippi

Healthcare Power of Attorney

Financial Power of Attorney

Vehicle Transfer on Death

Living Will

Last Will and Testament

Tools for Planning Your Estate in Mississippi

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

Mississippi Estate Planning Resources

Free Mississippi Transfer on Death Deed

Owner Information