Mississippi gift deed
Here is what Mississippi actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Chancery Clerk
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- ~$25 first page
- E-recording
- Generally available
What a gift deed does in Mississippi
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but recites donative intent, which supports a transfer-tax exemption.
Less common in Mississippi
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Mississippi property owners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Document donative intent for a transfer-tax exemption
- Make a charitable gift of real estate
What Mississippi requires on the deed
These are the execution and formatting rules chancery clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Mississippi says |
|---|---|
| Recording office | Chancery Clerk |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
A spouse may have to sign even if they are not an owner
Both spouses must join to convey a homestead (Miss. Code Ann. § 89-1-29).
How to complete and record it in Mississippi
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Chancery Clerk can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Mississippi's statutory language, the correct notary block, and the 3-inch first-page margin chancery clerks expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Record it with the Chancery ClerkFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Mississippi
| Cost | Typical amount |
|---|---|
| Recording fee | About $25 for the first page plus about $1 per additional page |
| Transfer tax | None in this state |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $39, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Mississippi imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Mississippi
Mississippi deeds are recorded with the Chancery Clerk in the county where the property sits, not where you live. There are 82 counties in Mississippi.
Most Mississippi recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Mississippi: Hinds, Harrison, DeSoto, Rankin, Jackson, Madison. See all Mississippi recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Mississippi law that catch people out
- Mississippi records deeds with the Chancery Clerk, an office that also handles probate. Convenient when a transfer touches an estate.
- Mississippi adopted transfer-on-death deeds in 2020, making it one of the most recent states to do so.
- Mississippi has no real estate transfer tax.
- Both spouses must join to convey homestead property, even where only one holds title.
How to hold title in Mississippi
When two or more people take title in Mississippi and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Mississippi: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
$39, one time. Your finished deed appears in full before you pay, with Mississippi's witness rules, margins, and recording instructions already applied.
Common questions
No. Mississippi has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Chancery Clerk. Deedly produces all of that for $39, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $25 for the first page and about $1 per additional page. Mississippi has no state real estate transfer tax, so the recording fee is normally the whole cost. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Mississippi requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Chancery Clerk in the county where the property is located, not where you live, and not where the buyer lives. Mississippi has 82 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join to convey a homestead (Miss. Code Ann. § 89-1-29). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Mississippi quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Mississippi general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Mississippi special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Mississippi transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for MississippiRecording offices, transfer tax, witness rules, and fees.
- Mississippi recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.