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Transfer on Death Deed Laws in Mississippi

Mississippi allows transfer on death deeds under the Mississippi Real Property Transfer-on-Death Act (2020), and the deed must be recorded with the chancery clerk before the owner dies.

Last checked . General information, not legal advice.

Mississippi at a glance

TOD deed allowed
Yes
Enacted by 2020 Senate Bill 2851, codified at Miss. Code 91-27-1 and following.
Uniform act adopted
Yes (Mississippi version)
Enacted as the Mississippi Real Property Transfer-On-Death Act in a bill titled to enact portions of the uniform probate and trust codes.
Recording rule
Before the owner's death
Must be recorded in the deed records of the chancery clerk of the county where the property is located.

Sources

Last checked

The rules in Mississippi

Does Mississippi allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Mississippi: yes. Enacted by 2020 Senate Bill 2851, codified at Miss. Code 91-27-1 and following.

Has Mississippi adopted the Uniform Real Property Transfer on Death Act?

Yes (Mississippi version). Uniform act adopted in Mississippi: yes (mississippi version). Enacted as the Mississippi Real Property Transfer-On-Death Act in a bill titled to enact portions of the uniform probate and trust codes.

When must a transfer on death deed be recorded in Mississippi?

Recording rule in Mississippi: Before the owner's death. Must be recorded in the deed records of the chancery clerk of the county where the property is located.

Where do the Mississippi transfer on death deed laws come from?

The rules above come from Miss. Code 91-27-1 and Miss. Code 91-27-17. Each source is linked on this page. We last checked them in October 2026.

Good to know

Senate Bill 2851 was approved by the Governor and took effect July 1, 2020.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.