title: "Mississippi Heir Property — Chancery Court Filing Instructions"
state: "MS"
date: "2026-04-07"
authority: "Miss. Code §§ 9-5-1 et seq. (Chancery Court jurisdiction)"
MISSISSIPPI HEIR PROPERTY
Chancery Court Filing Instructions
WHICH COURT HANDLES HEIR PROPERTY MATTERS?
All Mississippi heir property matters are filed in the CHANCERY COURT of the county where the property is located. Mississippi has 52 Chancery Court Districts covering all 82 counties.
| Document | Filed With | Notes |
|---|---|---|
| Affidavit of Heirship | Chancery Clerk (recorder) | No court filing required — just recording |
| Quit Claim Deed | Chancery Clerk (recorder) | No court filing required — just recording |
| Transfer on Death Deed | Chancery Clerk (recorder) | MUST record before death |
| Petition for Determination of Heirship | Chancery Court (judge) | Requires attorney; Rule 81 summons on unknown heirs |
| Partition Action (UPHPA) | Chancery Court (judge) | Can be self-represented but complex |
| Quiet Title Action | Chancery Court (judge) | Requires attorney in most cases |
TYPICAL RECORDING FEES
| Document | Estimated Fee |
|---|---|
| First page | $10–$15 |
| Each additional page | $2–$5 |
| Certification fee | $5–$10 |
| Deed transfer (ad valorem taxes) | Varies by consideration amount |
Fees vary by county. Call your Chancery Clerk to confirm before going.
MAJOR COUNTY CHANCERY CLERKS
| County | Address | Phone |
|---|---|---|
| Hinds County (Jackson) | 407 E. Pascagoula St., Jackson, MS 39201 | (601) 968-6628 |
| Harrison County (Gulfport) | 1801 23rd Ave., Gulfport, MS 39501 | (228) 865-4020 |
| DeSoto County (Hernando) | 2535 Hwy 51 S., Hernando, MS 38632 | (662) 469-8350 |
| Rankin County (Brandon) | 211 E. Government St., Brandon, MS 39042 | (601) 825-1469 |
| Madison County (Canton) | 146 W. Center St., Canton, MS 39046 | (601) 859-1177 |
| Jackson County (Pascagoula) | 3104 Magnolia St., Pascagoula, MS 39567 | (228) 769-3084 |
| Forrest County (Hattiesburg) | 641 Main St., Hattiesburg, MS 39401 | (601) 582-3213 |
| Lee County (Tupelo) | 200 Jefferson St., Tupelo, MS 38804 | (662) 841-9100 |
| Lowndes County (Columbus) | 505 2nd Ave. N., Columbus, MS 39701 | (662) 329-5800 |
| Marshall County (Holly Springs) | 201 W. Van Dorn Ave., Holly Springs, MS 38635 | (662) 252-4431 |
| Pike County (Magnolia) | 200 E. Bay St., Magnolia, MS 39652 | (601) 783-3362 |
| Leflore County (Greenwood) | 306 W. Market St., Greenwood, MS 38930 | (662) 453-1041 |
Find all 82 county clerk offices: mississippi.gov/chancellery-clerks
STEP-BY-STEP: RECORDING AN AFFIDAVIT OF HEIRSHIP
- Complete the Affidavit of Heirship — Both affiants sign before a notary
- Get it notarized — Any licensed Mississippi notary can notarize
- Make 3 copies — Original for recording, one copy for your records, one for each heir
- Go to the Chancery Clerk's office in the county where the property is located
- Present the original to the clerk and pay the recording fee (~$10–$30)
- Clerk stamps and records the document — you'll receive a stamped copy
- Keep your certified copy — This is your evidence of recorded title
Time to record: Usually same-day if you arrive during business hours (typically Mon–Fri, 8am–5pm)
STEP-BY-STEP: RECORDING A DEED (QCD or TODD)
- Complete and sign the deed with all required signatures
- Get it notarized — Required for all Mississippi deeds
- Check for spousal signature — If grantor is married, spouse must also sign and have signature notarized
- Calculate any transfer tax — Miss. Code § 27-33-1 (real property transfer tax may apply)
- Take to Chancery Clerk — Bring the original plus 2 copies
- Pay recording fee — Approximately $10–$50 depending on page count
- Receive stamped copy — This is proof of recording
- Notify county tax assessor — Update the property tax record with new owner information
WHAT TO BRING TO THE CHANCERY CLERK
For recording any document:
- [ ] Original signed and notarized document
- [ ] 2 additional copies
- [ ] Cash or money order for recording fee (some counties accept cards)
- [ ] Photo ID
For Affidavit of Heirship — also bring:
- [ ] Death certificate of the decedent (recommended, not always required)
- [ ] Copy of most recent deed showing decedent's ownership
For TODD — also bring:
- [ ] Two witness signatures on the document
- [ ] Do this BEFORE the owner passes away
PAUPER'S AFFIDAVIT (Fee Waiver)
If you cannot afford recording fees, you may request a Pauper's Affidavit from the Chancery Clerk. Approval is at the clerk's discretion and requires demonstrating financial hardship.
WHEN YOU NEED AN ATTORNEY
Free legal help is available — contact before attempting these actions yourself:
| Situation | Required Action |
|---|---|
| Multiple competing heirs with disputed claims | Petition for Determination of Heirship (attorney required) |
| Property has been sold without your consent | Quiet title action (attorney required) |
| Partition action has been filed against you | UPHPA defense — contact legal aid immediately |
| Estate has significant debts/creditor claims | Formal probate administration needed |
| Federal tax liens on the property | IRS resolution required |
| Property subject to active mortgage default | Foreclosure defense needed |
Free Legal Resources in Mississippi:
- North Mississippi Rural Legal Services: 1-800-498-1804 | nmrls.com
- Mississippi Center for Justice: 601-352-0845 | mscenterforjustice.org
- Legal Aid for Mississippi: 1-800-779-6111 | legalaidms.org
- Mississippi Volunteer Lawyers Project: 601-960-9577
FILING CHECKLIST
- [ ] Identified the correct Chancery Clerk for your county
- [ ] Document is fully completed (no blank required fields)
- [ ] Document is signed by all required parties
- [ ] Document is notarized (and witnessed for TODD)
- [ ] Spouse's signature obtained if grantor is married
- [ ] Copied the legal description exactly from the existing deed
- [ ] Made 3 copies before going to the clerk
- [ ] Brought photo ID
- [ ] Have cash/card for recording fee
- [ ] Brought death certificate (for Affidavit of Heirship)
- [ ] Notified tax assessor after recording deed
Authority: Miss. Code §§ 9-5-1 et seq. (Chancery Court). Not legal advice.