Detailed Answer
This page explains, in plain language, how to sell a co-owned property in Mississippi to generate funds for funeral costs and property taxes. It describes the common paths people take, legal steps you should expect, and when you likely need a lawyer. This information is educational only and is not legal advice.
1) Figure out who actually owns the property
Start at the county land records office (the county clerk or register of deeds). Pull the deed to see the names on title and how ownership is described (for example, tenants in common, joint tenants, or owned by a decedent’s estate). Ownership type matters because it determines what each co-owner can do and whether probate is required.
2) If the property is part of a decedent’s estate
If a co-owner has died, check whether the property automatically passed to the surviving owner (for example, joint tenancy with right of survivorship) or whether it passed through probate (was in the deceased person’s estate). If the property is part of the estate, a personal representative (executor/administrator) may need to handle the sale. Mississippi’s probate rules are found in the Mississippi Code (Title 91). For official statute text and probate procedures see the Mississippi Legislature website: https://www.legislature.ms.gov/ and general court information at https://courts.ms.gov/.
3) If all co-owners agree to sell
- All co-owners sign listing and sale documents. The property can be listed with a broker or sold privately.
- At closing, sale proceeds pay off mortgages, liens, and unpaid property taxes first. Remaining net proceeds are split according to ownership shares (or as the co-owners agree in writing).
- If the sale is to cover funeral expenses and the funds belong to a decedent’s estate, the personal representative generally can use estate funds to pay reasonable funeral expenses before distribution. See probate resources at the Mississippi Legislature site above.
4) If co-owners do not agree (court/sale by partition)
If one or more co-owners refuses to cooperate, a co-owner can usually force a sale through a court action called a partition. In a partition action a court can either divide the land (rarely possible when physical division is impractical) or order the property sold and the proceeds divided among owners according to their ownership shares. Expect:
- Filing a civil action in the appropriate Mississippi court; the court will notify all owners and lienholders.
- Possible court-appointed sale and payment of court costs and legal fees from sale proceeds.
- Delays—litigation can take months or longer depending on complexity and backlog.
For procedural details and local rules, consult the Mississippi court system: https://courts.ms.gov/ and reference state statutes on partition via the Mississippi Legislature site: https://www.legislature.ms.gov/.
5) Property tax issues and timing
Unpaid property taxes are a lien on the property. Before or at closing, the county tax collector or mortgage holder typically must be paid out of sale proceeds. If taxes are delinquent, the county may have additional remedies (penalties, interest, or a tax sale). Contact the county tax assessor/collector or the Mississippi Department of Revenue for details about local timelines and redemption periods: https://www.dor.ms.gov/.
6) Funeral expenses and priority
Mississippi probate law allows payment of reasonable funeral expenses from estate assets before heirs receive distributions. If the estate lacks liquid funds, selling estate property (including a co-owned parcel that is part of the estate) may be necessary to generate funds. If the property is co-owned and not solely in the decedent’s name, you will need to sort title and ownership first (see steps above).
7) Practical steps to complete a sale quickly and cleanly
- Gather documents: deed, mortgage statements, title search, recent tax bills, insurance information, and any probate paperwork if a co-owner died.
- Talk to the other co-owner(s). A signed, written agreement to sell is the fastest path.
- Get a current appraisal or broker price opinion so you know the likely sale value.
- Check for liens and unpaid taxes. Order a title search so buyers/trust companies will accept the sale.
- If the property is in probate, get the necessary court authorization or have the personal representative handle the sale under Mississippi probate rules.
- If no agreement and you need funds urgently, discuss temporary solutions with the county tax collector (payment plan) or consider negotiating a buyout with a co-owner while preparing a partition as a backup.
8) When to hire an attorney
Consider hiring a Mississippi attorney if any of the following apply:
- There is a deceased owner and probate is required.
- Co-owners disagree about selling or how proceeds should be split.
- There are liens, complex title defects, or mortgage issues.
- You need a court-ordered partition sale or temporary relief (for example, to prevent a tax sale).
9) Expected costs and timeline
Cooperative sales can close in 30–60 days once the property is listed and title issues are resolved. Partition litigation or probate sales commonly take several months to a year or more. Costs to anticipate: realtor commissions, title fees, payoff of mortgages and liens, unpaid taxes, closing costs, and legal fees if you hire an attorney or go to court.
Helpful Hints
- Start at the county register of deeds or clerk to get the recorded deed and current tax bill.
- If the goal is to pay immediate funeral costs, ask the county tax office about emergency procedures and payment plans for property tax liens.
- Obtain a title search early. Hidden liens or rival claims derail quick sales.
- Get agreement in writing from co-owners about how proceeds will be split and who pays which closing costs.
- If one owner is incapacitated or deceased, don’t sign or transfer without confirming who has legal authority (power of attorney or court-appointed personal representative).
- Keep funeral vendors’ bills and documentation; in probate these are required to justify the expense.
- Consider a short-term loan from family/friends or a creditor to cover urgent funeral bills while you arrange a sale—this can avoid delays caused by probate or litigation.
- Contact the Mississippi Department of Revenue for property-tax specifics: https://www.dor.ms.gov/.
- For court procedures related to partition or probate, see the Mississippi Judiciary: https://courts.ms.gov/ and state statutes at the Mississippi Legislature: https://www.legislature.ms.gov/.
Disclaimer: This page provides general information about Mississippi property, probate, and tax processes. It is not legal advice and does not create an attorney-client relationship. Laws vary and facts matter. For guidance specific to your situation, consult a licensed Mississippi attorney or your county officials.