Mississippi general warranty deed
Here is what Mississippi actually requires on a general warranty 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. Deedly is not preparing Mississippi deeds at this time.
- Recording office
- Chancery Clerk
- Witnesses
- Notary only
- Transfer tax
- None found
- First-page margin
- 3″ top
- Recording fee
- ~$25 up to 5 pages
- E-recording
- Approved submitters
What a general warranty deed does in Mississippi
A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.
The Mississippi law behind this deed
Mississippi has no section written specifically for general warranty deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | Miss. Code Ann. § 89-1-1 |
| Recording with the Chancery Clerk | Miss. Code Ann. §§ 89-5-24 (format), 89-5-33 (preparer and indexing), 27-3-51 (addresses and telephone numbers) and 89-5-1 (effect of recording) |
| Homestead and spousal consent | Miss. Code Ann. § 89-1-29 |
When Mississippi property owners use a general warranty deed
- Sell a property directly to a buyer without an agent
- Transfer a property where the buyer expects full title protection
- Satisfy a purchase contract that calls for a warranty deed
- Convey property where a title company requires warranty covenants
What Mississippi requires on the deed
These are the execution and formatting rules for Mississippi deeds. A chancery clerk may refuse a deed that lacks the telephone numbers, the preparer's details or the indexing instruction (Miss. Code Ann. §§ 27-3-51(2), 89-5-33(3)). A deed that misses the format rules is still recorded, for $10 more (§ 89-5-24(4)).
| Requirement | What Mississippi says |
|---|---|
| Recording office | Chancery Clerk |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. The deed also needs an indexing instruction, set apart: the section, township and range and the quarter section, or for a lot in a recorded subdivision the lot and plat. The chancery clerk must refuse a deed without one unless the deed gives that information elsewhere (Miss. Code Ann. § 89-5-33(3)). |
| Addresses and telephone numbers | Required. Every grantor and grantee (every owner and beneficiary on a transfer-on-death deed) must be listed with a mailing address and telephone number on page one, or the chancery clerk may refuse the deed (Miss. Code Ann. § 27-3-51(2)). |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. |
| Preparer information | Required. Page one must show the name, street address and telephone number of whoever prepared the deed, and an attorney's Mississippi bar number if an attorney prepared it (Miss. Code Ann. §§ 89-5-33(3), 89-5-24(2)(a)). |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. |
A spouse may have to sign even if they are not an owner
If you are married and living with your spouse, a deed of your homestead is not valid unless your spouse signs it too, even if your spouse is not on the title (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 deedIt needs the wording, notary certificate, and 3-inch first-page margin used for Mississippi deeds. You can prepare your own deed, or a Mississippi attorney can prepare it for you.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the Chancery ClerkFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. 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 up to 5 pages and $1 for each page after that |
| Transfer tax | None found at the state level |
| Notary | A Mississippi notary may charge no more than $5 per signature for an acknowledgment (Miss. Code Ann. § 25-34-9; Miss. Admin. Code Title 1, Part 5, Rule 9.1). |
| Attorney | $150–$700 to prepare the deed |
We found no general Mississippi transfer tax on deeds. The only state-law tax on a deed that we found is the mineral documentary tax, which applies when a deed conveys or keeps back oil, gas or other mineral rights. The chancery clerk collects the mineral documentary tax: 3 to 8 cents per mineral acre, at least $1 (Miss. Code Ann. §§ 27-31-77 to 27-31-81). The grantor pays it on a reservation, the grantee on a conveyance. As far as we could find, it does not apply to an ordinary deed of the land that says nothing about minerals, but ask the chancery clerk if you are unsure.
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.
Many Mississippi recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Mississippi: Hinds, Harrison, DeSoto, Rankin, Jackson, Madison. See all Mississippi recording offices.
What a general warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
- It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
- It does not avoid probate and cannot be revoked once delivered and recorded.
- Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.
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.
- A chancery clerk may refuse a deed that does not give a mailing address and a telephone number for every grantor and grantee on page one (Miss. Code Ann. § 27-3-51(2)).
- A chancery clerk must refuse a deed without an indexing instruction (the section, township and range, and the quarter section), unless the land is a lot in a recorded subdivision or the deed gives that information elsewhere. The deed must also give the preparer's name, address and telephone number (Miss. Code Ann. § 89-5-33(3)).
- If the owner is married and living with the spouse, both spouses must sign a deed of homestead property, even where only one holds title (Miss. Code Ann. § 89-1-29).
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.
Deedly is not preparing Mississippi deeds at this time
Mississippi law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a Mississippi attorney can prepare it for you.
Common questions
Not if you prepare the deed yourself. Mississippi treats writing a deed for someone else for a fee as the practice of law (Miss. Code Ann. § 73-3-55), so anyone you pay to draft one must be a Mississippi attorney. You can prepare and record your own. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Chancery Clerk. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $25 for up to 5 pages and $1 for each page after that. We found no general Mississippi transfer tax on deeds. The only state-law tax on a deed that we found is the mineral documentary tax, which applies when a deed conveys or keeps back oil, gas or other mineral rights. The state sets $25 for a deed of up to five pages, plus $1 for each page after the fifth (Miss. Code Ann. § 25-7-9(1)(b)). A county that adopts the $1 records management fee (§ 25-60-5) charges $26, and every county office we read does: Jackson, Pearl River, Harrison, DeSoto and Itawamba. A deed that does not meet the state format rules costs $10 more (§ 89-5-24(4)).
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. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
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. If you are married and living with your spouse, a deed of your homestead is not valid unless your spouse signs it too, even if your spouse is not on the title (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.
Keep reading
- Mississippi quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- 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
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.