How to Retitle Property in Mississippi (Without Getting a Headache)

Retitling property in Mississippi might sound intimidating, but with the right information and a little patience, it’s a manageable process. Whether you’re transferring property into a trust, clearing up ownership records, or handling a change after someone passes away, the process is basically a paperwork shuffle with legal consequences. And just to be clear, nothing in this article is legal advice. For real advice, talk to a licensed attorney (ideally one who didn't sleep through Property Law 101).

Step one in the retitling process is preparing a new deed. Mississippi generally recognizes several types of deeds, but the most common for retitling are the quitclaim deed and the warranty deed. A quitclaim deed is like saying, “Here’s whatever interest I have in this property, if any,” with zero promises about title quality. Warranty deeds, on the other hand, come with assurances that the title is clean and clear. Which one you use depends on the situation, but choosing the wrong one could come back to bite you later.

Next, the deed must include some specific things: the names of the current and new owners, how the new owners will hold title (like joint tenants or tenants in common), and the property’s legal description. And no, “that plot next to the Dollar General” won’t cut it. You’ll need the official legal description, which is usually found in the existing deed or tax assessor’s records and reads like a riddle written by a land surveyor.

After the deed is drafted, it needs to be signed in front of a notary public. Mississippi law requires notarization for a deed to be valid. Then it’s time to file it with the chancery clerk’s office in the county where the property is located. That’s when your new ownership status becomes part of the public record—and that’s a big deal, because if it’s not recorded, it didn’t really happen (as far as the legal world is concerned).

Don’t forget, some counties require extra documents like a recording cover sheet or a transfer tax form. And yes, there will be a recording fee, because of course there is. These fees vary by county, so it's worth checking with the local chancery clerk before you show up with your freshly notarized paperwork and a hopeful look.

If you’re retitling property after the death of an owner, things can get trickier. If the deceased owned the property individually, you may need to go through probate to establish the rightful new owner. If the property was jointly owned with rights of survivorship, you may still need to record a new deed to reflect the change.

In short, retitling property in Mississippi isn’t rocket science, but it is paperwork, and the stakes are high enough that small mistakes can cause big problems. That’s why it's smart to work with a Mississippi attorney who can help you navigate the process correctly. Again, this article is informational only and not legal advice. Don’t say I didn’t warn you.