Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — MISSISSIPPI

TABLE OF CONTENTS

1. Instructions and Overview
2. Transfer-on-Death Deed Form
3. Revocation of Transfer-on-Death Deed
4. Recording Requirements
5. Multiple Beneficiaries
6. Effect at Transferor's Death
7. Liens, Mortgages, and Encumbrances
8. State-Specific Notes
9. Sources and References

1. INSTRUCTIONS AND OVERVIEW

Checklist — Before Recording:

☐ Transferor has verified legal ownership of the property

☐ Legal description has been verified against the current deed of record

☐ Tax parcel number has been confirmed

☐ All beneficiaries are identified by full legal name

☐ Deed has been reviewed by a licensed Mississippi attorney

☐ Deed has been acknowledged before a notary public

☐ Deed will be recorded with the chancery clerk in the county where the property is located

☐ Transferor understands the deed is revocable and has no effect until death

☐ Transferor understands existing liens and mortgages remain effective

2. TRANSFER-ON-DEATH DEED FORM

TRANSFER-ON-DEATH DEED

Pursuant to the Mississippi Real Property Transfer-on-Death Act
Miss. Code Ann. §§ 91-27-1 to 91-27-37

Return recorded document to:
[________________________________]
[________________________________]
[________________________________]

Property Address:
[________________________________]
[________________________________]

Tax Parcel Number: [________________________________]

NOTICE

THIS TRANSFER-ON-DEATH DEED DOES NOT TRANSFER OWNERSHIP OF THE PROPERTY UNTIL THE TRANSFEROR'S DEATH. THE TRANSFEROR RETAINS ALL RIGHTS AND CONTROL OVER THE PROPERTY DURING HIS OR HER LIFETIME, INCLUDING THE RIGHT TO SELL, TRANSFER, ENCUMBER, AND USE THE PROPERTY. THIS DEED IS REVOCABLE.

TRANSFEROR INFORMATION

I, [________________________________] ("Transferor"), of [________________________________] (city), County of [________________________________], State of Mississippi, being the owner of the real property described below, hereby make this Transfer-on-Death Deed pursuant to the Mississippi Real Property Transfer-on-Death Act.

Date of Birth: [__/__/____]
Marital Status: [________________________________]

BENEFICIARY DESIGNATION

I designate the following individual(s) as beneficiary(ies) to receive the described real property, effective upon my death:

Primary Beneficiary(ies):

Alternate Beneficiary (if all primary beneficiaries predecease Transferor):

Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

PROPERTY DESCRIPTION

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of Mississippi, and is more particularly described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Tax Parcel Number: [________________________________]

Being the same property conveyed to the Transferor by deed recorded in Deed Book [____], Page [____], in the Office of the Chancery Clerk of [________________________________] County, Mississippi.

TRANSFER-ON-DEATH DESIGNATION

Pursuant to the Mississippi Real Property Transfer-on-Death Act (Miss. Code Ann. §§ 91-27-1 to 91-27-37), I hereby designate this deed as a Transfer-on-Death Deed. This deed shall transfer my interest in the above-described real property to the designated Beneficiary(ies) effective upon my death, subject to all conveyances, encumbrances, and liens of record at the time of my death.

I understand and acknowledge that:

1. This deed has no effect until my death.
2. I retain all rights and control over the property during my lifetime, including the right to sell, transfer, encumber, and use the property.
3. I may revoke this deed at any time before my death (§ 91-27-17).
4. The beneficiary receives no interest in the property until my death.
5. This deed does not require delivery to or acceptance by the beneficiary.
6. This deed is nontestamentary (§ 91-27-7).
7. The property transfers subject to all existing encumbrances at my death (§ 91-27-27).
8. The beneficiary must survive me to receive the property.

TRANSFEROR'S SIGNATURE

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she/they executed the same voluntarily for the purposes therein contained.

Witness my hand and official seal.

Notary Public: ________________________________________
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

3. REVOCATION OF TRANSFER-ON-DEATH DEED

Under Miss. Code Ann. § 91-27-17, a TODD may be revoked by:

Method 1: Instrument of Revocation

☐ Execute and acknowledge a written instrument of revocation expressly revoking the TODD

☐ Record the revocation with the chancery clerk in the county where the property is located

Method 2: Subsequent TODD

☐ Execute a new TODD for the same property that expressly revokes or is inconsistent with the prior TODD

☐ Record the new TODD with the chancery clerk

4. RECORDING REQUIREMENTS

5. MULTIPLE BENEFICIARIES

• Multiple beneficiaries hold as tenants in common unless the deed specifies otherwise
• To create a joint tenancy with right of survivorship, the deed must expressly state this
• If a beneficiary predeceases the transferor, that share lapses unless an alternate beneficiary is designated
• The beneficiary must survive the transferor to receive the property

6. EFFECT AT TRANSFEROR'S DEATH

Under Miss. Code Ann. § 91-27-27:

• The property transfers to the designated beneficiary(ies) upon the transferor's death
• Transfer is subject to all conveyances, encumbrances, and liens of record at the time of death
• Transfer is subject to any interest the transferor's surviving spouse may have under applicable law
• The beneficiary takes subject to any claims against the transferor's estate if other assets are insufficient
• The property is NOT subject to the transferor's will (the TODD controls)
• The beneficiary should record the transferor's death certificate with the chancery clerk

7. LIENS, MORTGAGES, AND ENCUMBRANCES

The TODD does NOT eliminate any existing obligations on the property:

☐ Outstanding mortgages and deeds of trust remain in effect

☐ Property tax liens continue to encumber the property

☐ Judgment liens against the transferor survive the transfer

☐ Mechanic's liens and other statutory liens remain effective

☐ HOA assessments and covenants continue to apply

☐ Ad valorem tax obligations continue

8. STATE-SPECIFIC NOTES

Homestead Exemption

• Mississippi provides a homestead exemption of up to $75,000 in value and 160 acres (Miss. Const. Art. IV, § 86; Miss. Code Ann. § 85-3-21)
• The TODD does not affect the homestead exemption during the transferor's lifetime
• The beneficiary may need to apply for a new homestead exemption after the transfer

Mississippi Estate and Inheritance Tax

• Mississippi does NOT impose a state estate tax or inheritance tax
• The Mississippi estate tax was repealed effective January 1, 2005
• Federal estate tax rules still apply

Medicaid / Mississippi Medicaid

• Mississippi Medicaid estate recovery may apply to property transferred by TODD after the transferor's death
• A TODD does NOT protect property from Medicaid estate recovery
• The Division of Medicaid may file a lien or claim against the transferred property
• Consult an elder law attorney for Medicaid planning

Community Property

• Mississippi is NOT a community property state
• Mississippi follows the common law system of property ownership
• However, spousal rights under Mississippi law (elective share, homestead) may affect TODD transfers

Title Insurance

• Title companies may require additional documentation before insuring title through a TODD transfer
• The Mississippi Real Property Transfer-on-Death Act is relatively new (effective 2020)
• Some title companies may have limited experience with TODD transfers
• Consult with a title company regarding their requirements

Chancery Court

• Mississippi uses the chancery court system for real property matters
• The chancery clerk maintains land records in each county
• All real property instruments, including TODDs, are recorded with the chancery clerk

9. SOURCES AND REFERENCES

• Miss. Code Ann. §§ 91-27-1 to 91-27-37 (Mississippi Real Property Transfer-on-Death Act): law.justia.com
• Miss. Code Ann. § 91-27-33 (Optional Statutory Form): law.justia.com
• SB 2851 (2020 Regular Session): billstatus.ls.state.ms.us
• Land Title Association of Mississippi: ltams.org

This template is provided for informational and educational purposes only. It does not constitute legal advice. Consult a licensed Mississippi attorney before executing any estate planning document.

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