Deed Transferring Real Property into Living Trust - Mississippi

Prepared by (name, address, telephone; if an attorney, MS Bar No. — Miss. Code Ann. § 89-5-33):
[____________________________________]
[____________________________________]
Telephone: [____________] MS Bar No.: [____________]

After recording return to:
[____________________________________]
[____________________________________]

GRANTOR — name, mailing address, telephone:
[____________________________________]
[____________________________________] Telephone: [____________]

GRANTEE — name, mailing address, telephone:
[____________________________________], Trustee
[____________________________________] Telephone: [____________]

INDEXING INSTRUCTION (set apart so it is readily apparent to the Clerk — Miss. Code Ann. § 89-5-33):
[For platted land: Lot [____], Block [____], [SUBDIVISION], as recorded in Plat Book [____], Page [____]. For surveyed land: Section [____], Township [____], Range [____], [Quarter Section ____] of [____________] County, Mississippi.]

SPACE ABOVE THIS LINE RESERVED FOR CHANCERY CLERK RECORDING STAMP

WARRANTY / QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Mississippi

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / married persons / husband and wife], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (collectively, the "Trustee"), whose mailing address is [____________________________________].

Title vests in the Trustee, in trust, and in any successor trustee, without the necessity of any further conveyance, to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust") and any amendments to it, with all powers granted to the Trustee under the Trust and under the Mississippi Uniform Trust Code, Miss. Code Ann. § 91-8-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership. The consideration is nominal — Ten and No/100 Dollars ($10.00) and other good and valuable consideration — the Grantor being the settlor and a lifetime beneficiary of the Trust. No sale, purchase, or exchange has occurred.

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt of which is acknowledged, does hereby CONVEY and WARRANT unto the Trustee, as Grantee, and the Grantee's successors in trust and assigns, the following described real property (the "Property") situated in [____________] County, Mississippi:

Property commonly known as: [STREET ADDRESS, CITY, MISSISSIPPI, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, and appurtenances belonging to it, unto the Trustee and the Trustee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any deed of trust or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD AND TAX CONTINUITY; TITLE INSURANCE; NO TRANSFER TAX

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 No state transfer tax. Mississippi imposes no real-estate transfer tax, documentary stamp tax, or deed tax on this conveyance. The only charge at recording is the Chancery Clerk's recording fee (Miss. Code Ann. § 25-7-9). No transfer-tax declaration form accompanies this deed.

6.3 Homestead / ad valorem exemption continuity. The parties intend that any homestead exemption and ad valorem classification applicable to the Property continue uninterrupted. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the county Tax Assessor that the homestead exemption is preserved after re-titling and re-file any required application.

6.4 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity in writing, with the title insurer before recording.

6.5 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

7. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey and release homestead rights, if any (if applicable — Miss. Code Ann. § 89-1-29)

8. NOTARY ACKNOWLEDGMENT (Mississippi)

Personally appeared before me, the undersigned authority in and for the said county and state, on this [__/__/____], within my jurisdiction, the within named [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], who acknowledged that he/she/they executed the above and foregoing instrument.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

9. RECORDING INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the Chancery Clerk of [____________] County, Mississippi — the county where the Property lies (Miss. Code Ann. § 89-5-1). The Clerk indexes the deed in the general index (direct and reverse) and the sectional index (Miss. Code Ann. § 89-5-33).
2. Indexing instruction and preparer information are mandatory. The Chancery Clerk will refuse to accept a deed that omits the indexing instruction (section/township/range and quarter section, or lot/block/subdivision) and the prepared-by statement (name, address, telephone; if an attorney, the MS Bar number) unless the information appears elsewhere in the instrument (Miss. Code Ann. § 89-5-33).
3. Format. Original signatures; white paper at least 20-pound; print one side only; font no smaller than 8 point; 3-inch top margin on the first page and at least 3/4-inch other margins; first page states the title, parties' names/addresses/telephones, legal description or indexing information, prepared-by statement, and return address.
4. No transfer-tax form. Pay only the recording fee (Miss. Code Ann. § 25-7-9). There is no state transfer-tax declaration.
5. Update collateral records. After recording: (a) confirm the homestead exemption with the county Tax Assessor; (b) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (c) provide a recorded copy and a certificate of trust (Miss. Code Ann. § 91-8-1013) to the title company.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, lot/block/subdivision with plat book and page, or government survey (section, township, range). Ensure the indexing instruction on the first page matches this description. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Miss. Code Ann. § 89-1-3 — estates in land transferred by writing signed and delivered.
• Miss. Code Ann. § 89-3-1 et seq. — acknowledgment of conveyances before authorized officers.
• Miss. Code Ann. § 89-5-1 — recording in the office of the Chancery Clerk of the county where the land lies; constructive notice.
• Miss. Code Ann. § 89-5-33 — general and sectional index; mandatory indexing instruction and preparer information; Clerk to refuse non-compliant instruments.
• Miss. Code Ann. § 89-1-29 — conveyance of homestead requires joinder/signature of the spouse.
• Miss. Code Ann. § 25-7-9 — Chancery Clerk recording fees (the only charge; no transfer tax).
• Miss. Code Ann. § 91-8-101 et seq. — Mississippi Uniform Trust Code; § 91-8-1013 (certificate of trust).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. Mississippi imposes no transfer tax, but confirm the Chancery Clerk's indexing and format requirements and consult a licensed Mississippi attorney before executing or recording this deed.