What Do I Need to Sign My TOD Deed in Mississippi?
In Mississippi, a transfer-on-death deed is signed before a notaryMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026, then recorded with the county before the owner's deathMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026.
No. Mississippi does not require witnesses for a TOD deedMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026.
Yes. Mississippi requires notarization for a TOD deed to be validMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026.
Yes. A TOD deed can be executed entirely remotely in Mississippi: the signing happens in a live video session with an online notary, with no witnesses in the sessionMiss. Code Ann. § 25-34-15 (physical presence required); § 25-34-39 (IPEN only; no RON authority)Verified Sep 9, 2026View source.
To execute a TOD deed in Mississippi: Schedule an in-person notary appointment. Record the deed before death with the Chancery Clerk. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Mississippi TOD deed recorded in the Mississippi county where the property sits. A TOD deed signed in another state cannot transfer Mississippi real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Mississippi document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in Mississippi: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Mississippi, a will is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
Codicil to a Will
In Mississippi, a codicil is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, like a will; the statute on the witnesses' affidavit names the will aloneMiss. Code Ann. §§ 91-7-7, 91-7-9Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Mississippi allows a choice for a healthcare power of attorney: 2Miss. Code Ann. § 41-41-209Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In Mississippi, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Financial Power of Attorney
Mississippi requires explicit durability language for a power of attorney to survive incapacityMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Oct 21, 2026View source.
Transfer on Death Deed
In Mississippi, a transfer-on-death deed is signed before a notaryMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026, then recorded with the county before the owner's deathMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026. Mississippi does not recognize a Lady Bird deed.
Vehicle Transfer on Death
Mississippi allows a transfer-on-death beneficiary designation on a vehicle titleMiss. Code Ann. 63-21-261 (Title 63, Ch. 21, Art. 4, 63-21-251 to 63-21-261)Verified Oct 21, 2026View source, filed through the Mississippi Department of Revenue (applications made to a designated agent / county Tax Collector).
Living Will
In Mississippi, the living will is the Advance Health-Care DirectiveMiss. Code Ann. §§ 41-41-201 to 41-41-229 (Uniform Health-Care Decisions Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Mississippi
Free tools for planning your estate in Mississippi: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Mississippi has no statute recognizing a will by the law of the place where it was signedMiss. Code § 91-7-33Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and notarization is not requiredMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
Trust or Will: Which Costs Less?
In Mississippi, a will-based plan pays probate attorney fees of typically 1.6%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Mississippi runs $3,680Estimate: 10 hours at $368, Clio's Mississippi Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,520Estimate: 15 hours at $368, Clio's Mississippi Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Mississippi runs $849Estimate: 3 hours at $283, Clio's Mississippi Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,698Estimate: 6 hours at $283, Clio's Mississippi Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In Mississippi, a parent names a guardian for a minor child in a will or a separate signed writingMiss. Code §§ 93-20-201, 93-20-206Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 21Miss. Code § 1-3-27Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Mississippi takes 6 months to 12 months for a simple estate and charges attorney fees of typically 1.6%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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Mississippi Estate Planning Resources
In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.