Short answer

You generally have three practical paths: 1) work with the estate representative (if the estate is open) to purchase the property through the estate; 2) negotiate an out-of-probate buyout directly with the siblings (they sign deeds transferring their undivided interests to you); or 3) if siblings refuse, file a partition action in chancery court to force a sale or division. To obtain marketable title, you will often need a probate record, a deed signed by the heirs, or a court order. Consult a Mississippi attorney to complete documents, clear title, and close the transaction.

Detailed answer — step-by-step process

1. Confirm who legally owns the property now

Start by determining whether your parent’s estate has been probated. If the estate is open, the executor (personal representative) has authority to manage and transfer estate property under Mississippi law. If the estate has not been opened, the decedent’s heirs (usually children) typically own undivided interests in the property once title passes under intestate succession or by operation of a will after probate. A title search or a lawyer can confirm current status.

2. Decide whether to buy through the estate or buy from the heirs

Two common approaches:

• Buy from the estate: If a personal representative is appointed, you can negotiate a purchase with the estate. The representative may need court approval for sale if the will or statutory rules require it.
• Buy from the heirs (out-of-probate): If title already vests in the heirs (or if heirs are willing to convey), each sibling can sign a deed (often a quitclaim deed) transferring their interest to you in exchange for payment. This can close without reopening probate if the title company accepts the deed and any supporting affidavits.

3. Get a value and set terms

Get a professional appraisal or broker price opinion so everyone knows fair market value. Determine whether siblings will be paid for their percentage share net of liens, mortgages, taxes, and closing costs. Put the agreement in writing (purchase agreement) showing price, payment method, and what is provided at closing (deed type, title insurance, prorations).

4. Clear liens and handle mortgages

Check whether the mortgage remains on the property. If there is an outstanding mortgage, the lender’s payoff and consent requirements may affect your buyout. Often the buyer (you) will refinance the mortgage in your own name and use the loan proceeds to pay siblings. Alternatively, siblings may accept a share of net proceeds after the mortgage is paid off. A title company or attorney can confirm lien status and coordinate payoff.

5. Use appropriate conveyance documents

Siblings typically convey by signing deeds. Common deed types:

• Quitclaim deed: Fast and removes a sibling’s interest, but offers no warranty on title quality.
• Warranty deed: Provides stronger assurances about title; sellers may be reluctant if title issues exist.

Have deeds prepared or reviewed by a Mississippi attorney. The deed must be properly notarized, recorded in the county land records where the property is located, and the deed must match the chain of title.

6. Title insurance and recording

Obtain a title search and consider title insurance to ensure clean marketable title. Title insurers may require proof that heirs have authority to convey (probate documentation or affidavits). After closing, record the deed in the county land records so the transfer is public.

7. If someone refuses to sell: partition action

If a sibling will not cooperate, the next step is to file a partition action in Mississippi chancery court. A partition action forces either a physical division of the property (rare for a house) or a sale with proceeds divided among owners. Partition actions are court proceedings and can be costly, take time, and may result in a forced sale rather than a negotiated buyout.

8. Consider small estate procedures (if relevant)

Mississippi law includes procedures for simplified administration of small estates. In some situations, a small estate affidavit or summary probate procedures may let heirs transfer property with less formality than full probate. Whether those procedures apply depends on estate value and the presence of creditors. Review Mississippi probate rules or consult a lawyer to determine applicability.

9. Tax and cost considerations

Account for closing costs, mortgage payoff, county recording fees, potential capital gains tax implications for sellers, and transfer taxes if any. Sellers should consult a tax advisor regarding capital gains and basis adjustments resulting from an inherited property sale or transfer.

10. Use professionals

Work with a Mississippi real estate attorney, title company, and an appraiser. Attorneys can prepare deeds, confirm whether probate is needed, draft buy-sell agreements, and represent you in chancery court if necessary.

Key Mississippi legal sources and where to read more

Mississippi’s rules on decedents’ estates, administration, and probate practice are in the Mississippi Code (Title on Decedents’ Estates). For statute text and official code navigation, see the Mississippi Code online: https://www.mscode.ms.gov/.

Information about Mississippi courts, including chancery court procedures (where partition actions are filed) is available from the Mississippi Judiciary: https://courts.ms.gov/.

When you might need a chancery court (partition) action

Consider a partition action if:

• An heir refuses to sell or convey their interest;
• Heirs cannot agree on price or distribution; or
• Title is clouded and the court’s intervention is needed to clear title or order a sale.

Partition is an involuntary remedy and usually a last resort because it can force a sale and generate attorney’s fees and court costs.

Helpful hints

• Get a current appraisal early so buyout offers are based on market value.
• Obtain a title search before signing any agreement — unknown liens can change your offer.
• Use a written purchase agreement listing price, payment schedule, what happens if title issues appear, and who pays closing costs.
• Consider refinancing the mortgage in your name to fund the buyout — lenders will want clear title and proof of ability to repay.
• Ask siblings for a deed and an affidavit confirming heirship; these make title companies more comfortable issuing insurance.
• If a sibling lives out of state or is hard to contact, service provisions and proof of consent become important — involve an attorney early.
• Keep records of payment and signed documents; record the deed promptly in the county land records.
• If disagreements look likely, get an attorney before negotiations start rather than after a dispute escalates.