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Detailed Answer — How Mississippi title passes and what to do after co-owners die

Short answer: If a recorded deed to real estate in Mississippi includes clear joint survivorship language (for example, “joint tenants with right of survivorship” or similar), ownership of the property vests automatically in the surviving co-owner(s) when a co-owner dies. To update the public record and clear title for future sales or financing, the surviving owner usually records a certified copy of the decedent’s death certificate and a short, notarized affidavit (often called an “Affidavit of Death of Joint Tenant” or “Affidavit of Survivorship”). If the deed’s language is unclear or a title dispute or liens exist, you may need a court order or a probate administration.

Why this matters under Mississippi law

Mississippi recognizes property transfers made by deed. A deed that creates a survivorship interest typically transfers the deceased owner’s interest immediately to the surviving owner at the moment of death. Even though title passes by operation of law at death, the county land records need a recorded document (death certificate, affidavit, or new deed) to show the current owner and to permit clear transfer or mortgage later.

For statutes and official code language, consult the Mississippi Code (Real and Personal Property and Probate titles). See Mississippi Code online: https://www.mscode.ms.gov/ (search Title 89 – Real and Personal Property and Title 91 – Probate).

Step-by-step practical process to re-record or update a joint survivorship deed

1. Find the recorded deed: Locate the previously recorded deed in the county where the property is located (often at the county Chancery Clerk’s office in Mississippi). Confirm it contains survivorship language or phrases like “with right of survivorship,” “joint tenants,” or similar wording.
2. Obtain certified death certificate(s): Get an official (certified) death certificate for the deceased co-owner from the vital records office. Most counties accept a certified copy to show the person died.
3. Prepare an affidavit of death / survivorship: Draft a short affidavit stating the deceased owner’s name, that they were a joint owner with survivorship, the book and page (or instrument number) where the original deed is recorded, and that the affiant is the surviving joint owner. Many attorneys or title companies prepare this for you. The affidavit must be notarized.
4. Attach required documents: Attach a certified death certificate and a copy of the recorded deed to the affidavit. Some counties also want the decedent’s probate case number if there was a probate filing.
5. Record the affidavit and death certificate: Record the notarized affidavit and certified death certificate with the county record office where the deed is recorded (usually the Chancery Clerk). Pay the usual recording fees. Recording creates a public paper trail showing title passed to the survivor.
6. Consider filing a confirmatory deed: To simplify future transactions, the surviving owner can execute and record a new deed (for example, a quitclaim or warranty deed) that confirms sole ownership and updates the chain of title. A title company can prepare or review this deed.
7. If title is disputed or deed language is unclear: If the deed didn’t clearly create a survivorship interest, if the decedent’s estate or creditors may have claims, or if other heirs contest ownership, you may need a court proceeding or to open a limited probate administration to obtain an order clarifying ownership.
8. Notify mortgage lenders, taxing authorities, and insurers: If the property has a mortgage, contact the lender; they often require notices or paperwork. Update property tax records and any homeowners’ or title insurance policies.

When you must involve probate or the courts

• If the deed does not contain clear survivorship language, title may not have passed automatically and the property could be part of the decedent’s probate estate.
• If multiple heirs claim ownership or there are unresolved liens, a chancery court action or probate administration may be necessary to clear title.
• If the decedent’s signature or deed validity is in question, you may need a court declaration or quiet title action.

See Mississippi’s probate and real property provisions for procedures that apply to estate administration and recording of instruments. For reference, start at the Mississippi Code official site: https://www.mscode.ms.gov/ (browse Title 89 and Title 91).

Helpful Hints

• Always obtain certified death certificates—photocopies are usually not accepted by the recorder.
• Use exact legal names and the same book/page or instrument number when referring to the recorded deed to avoid record mismatches.
• Consider a short, notarized affidavit of death and survivorship as the quickest route to clear the record when the deed unambiguously created a survivorship interest.
• Record documents in the county where the property is located—county recording requirements and fees vary.
• If you plan to sell or refinance soon, get a title search and discuss a confirmatory deed or title insurance with a title company.
• If a mortgage exists, check the lender’s requirements before recording a new deed—lenders sometimes require their consent or other forms to be filed.
• If there is any doubt about the deed’s language or competing claims, consult a Mississippi attorney to evaluate whether probate or a quiet title action is necessary.
• Keep certified copies of everything you record and obtain certified copies of newly recorded instruments for your records.

Disclaimer: This article explains general principles under Mississippi law and offers practical steps commonly used to update land records after a co-owner’s death. This is educational information only and is not legal advice. For help tailored to your situation, consult a licensed Mississippi attorney or a title professional.