Mississippi quitclaim deed
Here is what Mississippi actually requires on a quitclaim 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 quitclaim deed does in Mississippi
A quitclaim deed moves your interest in a property to someone else immediately, without guaranteeing that the title is clean. That makes it the wrong tool for a sale to a stranger and the right tool for transfers between people who already trust each other. Spouses, family members, a trust you control, or an LLC you own. It is the most-used deed in America for exactly that reason.
When Mississippi property owners use a quitclaim deed
- Add a spouse to the deed after marriage
- Remove an ex-spouse after a divorce
- Transfer property into a living trust
- Move property into an LLC you own
- Transfer between family members
- Correct a misspelled name or a scrivener's error on a prior deed
- Clear a possible cloud on title
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 quitclaim deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It gives the new owner no warranty that the title is good. If a lien or a competing claim surfaces later, the grantee has no claim against the grantor under the deed.
- It does not remove anyone from the mortgage. The lender's loan is a separate contract; only a refinance or a release from the lender does that.
- It does not by itself avoid probate. The transfer happens now, not at death.
- Most title insurers will not insure a chain of title that rests only on a quitclaim from an unknown party.
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 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.
- Mississippi life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- 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.