Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Mississippi law, real property located outside the state typically requires ancillary probate in the jurisdiction where the property sits. When all heirs agree, many states allow a summary transfer by affidavit of heirship or similar procedures, avoiding a full ancillary probate in that state.
1. Confirm Jurisdictional Rules
Research the real estate statutes in the state where the property is located. Look for provisions authorizing an affidavit of heirship or a summary transfer for heirs’ interests in real property.
2. Collect Required Documents
Obtain a certified copy of the decedent’s death certificate, documents proving heirship (for example, a family tree or genealogical statement), and any relevant wills or Mississippi probate court records.
3. Prepare the Affidavit of Heirship
Draft the affidavit in the format required by the property state. The affidavit must identify all heirs, their relationship to the decedent, describe the decedent’s ownership interest, and state that no ancillary probate proceeding is pending in that jurisdiction.
4. Notarize and Record the Affidavit
Have each heir sign the affidavit before a notary public. Then file or record the affidavit with the county recorder (or equivalent office) in the county where the property is located.
5. Execute and Record a New Deed
Prepare a deed transferring the decedent’s interest to the designated heir(s). All heirs must sign the deed before a notary, then record it in the same county recorder’s office.
6. Optional: Update Mississippi Records
If the decedent owned Mississippi real or personal property, you may file a copy of the recorded out-of-state affidavit and deed with the chancery clerk in the county of domicile to keep Mississippi land records current.
Note that Mississippi’s small estate affidavit procedure does not apply to real property. For personal property under $150,000, Mississippi law permits a small estate affidavit under Miss. Code Ann. § 91-7-221. Ancillary appointment of personal representatives in Mississippi is governed by Miss. Code Ann. § 91-7-301.
Helpful Hints
- Obtain multiple certified copies of the death certificate for various filings.
- Verify each heir’s legal name and current address before drafting documents.
- Review recording fees, requirements, and forms in the out-of-state county recorder’s office.
- Consider consulting a local title company in the property state to confirm proper recording procedures.
- Maintain organized copies of all recorded affidavits, deeds, and filings.