Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Mississippi law, when heirs wish to transfer their interests in real property, they typically use a Quitclaim Deed or a Special Warranty Deed. Before executing either deed, the court must first determine the heirs in a “probate for determination of heirship” proceeding. See Mississippi Code Ann. § 91-7-171.
Step 1: Petition for Determination of Heirship. The heirs file a petition in the chancery court of the county where the decedent resided or where the property lies. After a hearing, the court issues an order naming the heirs and their respective shares. The clerk issues a certified copy of that order.
Step 2: Prepare the Deed. Using the certified order, prepare either a Quitclaim Deed (to transfer interests without warranty) or a Special Warranty Deed (to grant limited assurances). List all heirs as grantors and identify the grantee(s). Include the full legal description of the property.
Step 3: Execution and Notarization. All grantors (heirs) sign the deed in the presence of a notary public. The notary completes an acknowledgment certificate.
Step 4: Recording. Deliver the original, notarized deed along with the certified order of heirship to the chancery clerk’s office in the county where the property is located. The clerk records it under Mississippi Code Ann. § 89-1-43 and indexes it under the grantors’ names. Pay the applicable recording fee, and obtain stamped copies for your records.
Helpful Hints
- Obtain a certified copy of the court’s order for determination of heirship before preparing any deed.
- Use a Quitclaim Deed to clear title defects; use a Special Warranty Deed to provide limited assurances.
- Confirm each heir signs before a notary and that the acknowledgment block meets state requirements.
- Replicate the exact legal description from the original deed to avoid recording errors.
- Check current recording fees and acceptable payment methods with the chancery clerk.
- Retain stamped copies of all recorded documents for your own title files.