Detailed answer — what you need to do and why

If a property owner dies in Mississippi and you want title changed so a child becomes the owner, the exact steps depend on how the deed was originally written and whether the estate goes through probate. Below are the common paths and the steps for each. This summary explains typical documents and filings, but it does not replace legal advice.

1) First, identify how title is vested now

Find the recorded deed and note the ownership wording. Common ownership forms and their effects when one spouse dies:

• Joint tenants with right of survivorship or wording that clearly creates survivorship: the surviving co-owner typically takes full title automatically at death. You normally record an affidavit or certified death certificate to update the record.
• Tenancy in common: each owner holds a separate share that passes by will or by intestate succession (through probate) if no will exists.
• Tenancy by the entirety (rare outside married couples): survivorship rules usually apply to married couples.
• Deed with a beneficiary (Transfer-on-Death / beneficiary deed): if a valid beneficiary deed exists, the beneficiary can record required documentation to take title without probate, if Mississippi law and the deed form were used properly.

2) If title included survivorship language

Common and fast approach:

1. Obtain several certified copies of the death certificate from the county where the death was registered.
2. Prepare an affidavit of survivorship (or affidavit of death of joint tenant) signed by the surviving owner or other authorized person. The affidavit should cite the recorded deed and state that the deceased co-owner has died and the survivor is now sole owner.
3. Have the affidavit notarized and attach a certified death certificate copy.
4. Record the affidavit and death certificate with the Chancery Clerk (or county office that records deeds) in the county where the land is located. Recording officially updates the county’s land records.

3) If the property must pass through probate (decedent owned the property individually)

Probate creates authority to transfer title to the decedent’s heirs or devisees.

1. Locate a will. If there is a will, the named executor should file the will and a petition for probate in the county Chancery Court (Mississippi uses chancery courts for probate). If no will, an interested person should file for administration (intestate probate).
2. The court issues Letters Testamentary (for an executor) or Letters of Administration (for an administrator). These documents authorize the personal representative to act for the estate, including transferring real property.
3. The personal representative prepares a deed (commonly called an executor’s deed, administrator’s deed, or personal representative’s deed) that conveys the property to the heir or devisee (in this case, the child). The deed must contain the correct legal description and refer to court authority (e.g., Letters Testamentary) and the court’s order if required.
4. Have the deed notarized and attach any required supporting probate documents or a certified copy of the Letters of Administration/Testamentary if county recording rules require them.
5. Record the deed with the Chancery Clerk in the county where the property lies. The recording completes the transfer of title from the estate to the child.

4) If there is a beneficiary/transfer-on-death deed

A Transfer-on-Death (TOD) or beneficiary deed (if Mississippi recognizes the form used) usually lets the named beneficiary take title by recordation of a form and the decedent’s death certificate. If the deed was properly executed under Mississippi law, the beneficiary must record the required affidavit or certification and the death certificate with the county recorder. If questions exist about validity, the property may still require probate.

5) Practical additional steps regardless of path

• Confirm the correct legal description of the property exactly as in the recorded deed.
• Get certified copies of death certificate(s).
• Check for mortgages or liens. Lenders often require payoff or approval before title transfers free and clear. Mortgage may have “due on sale” or similar clauses triggered by transfer.
• Check county recording requirements (some counties require certified copies of probate letters or additional forms with deeds).
• Pay recording fees and any documentary or transfer taxes required by the county/state.
• After recording, get an official copy of the newly recorded deed for your records and for property tax offices.

Mississippi statutes and official resources

Probate and decedent’s estate law in Mississippi is in the Mississippi Code governing decedents’ estates and wills. For the core probate statutes and to find the exact citation and local rules, consult the Mississippi Code and the chancery court rules. The Mississippi Legislature’s official site is the primary source for the statutes: https://www.legislature.ms.gov/. Search for Title 91 (Decedents’ Estates, Wills, and Beneficiaries) and for any statutes dealing with recording and conveyances in real property chapters.

Recordation of deeds and real-property filings are handled at the county level by the Chancery Clerk or other designated county recorder. Contact the county Chancery Clerk where the property is located for exact recording forms and fees.

Helpful hints — quick checklist to prepare and speed the transfer

• Get several certified death certificates early. Most offices and companies request certified copies.
• Find and photocopy the recorded deed (the book/page or instrument number) before visiting the chancery clerk.
• Confirm how the original deed words ownership (look for phrases like “with right of survivorship” or “joint tenants”).
• If the property was solely in the deceased spouse’s name and the estate is small, ask the chancery clerk whether a small-estate affidavit route exists for simplified transfers.
• Talk to a probate or real property attorney if the title language is unclear, creditors exist, or multiple heirs dispute distribution. An attorney can prepare the correct executor’s/administrator’s deed for recording and handle court filings if necessary.
• If the estate needs probate, filing quickly protects creditors’ and heirs’ rights and helps with clear title later.
• Keep copies of everything recorded and the new deed. You will need them for property tax, insurance, and future sales.
• Use a title company or attorney to run a title search if you plan to sell or refinance after the transfer. Clearing title early avoids surprises.

Key contacts: County Chancery Clerk (for recording), County Chancery Court (for probate filings), local probate attorney, and a title company or real estate attorney for conveyances.