title: "Mississippi Transfer on Death Deed (TODD)"

state: "MS"

date: "2026-04-07"

authority: "Miss. Code § 91-27-1 et seq."

TRANSFER ON DEATH DEED

State of Mississippi

(Revocable Beneficiary Deed)

Pursuant to Miss. Code §§ 91-27-1 through 91-27-33 (Mississippi Uniform Real Property Transfer on Death Act)

> CRITICAL RULES:

> 1. This deed MUST BE RECORDED with the county Chancery Clerk BEFORE the owner's death to be effective.

> 2. This deed is REVOCABLE — the owner may cancel or change it at any time before death.

> 3. This deed DOES NOT transfer ownership now — the owner keeps full control of the property.

> 4. This deed bypasses probate and may protect against Medicaid estate recovery.

> 5. Must be signed before TWO (2) WITNESSES plus a NOTARY PUBLIC.

RECORDING INFORMATION (For Recorder's Use)

Prepared by: _______________________________________________

Return to: _______________________________________________

Tax Parcel ID: _______________________________________________

TRANSFER ON DEATH DEED

THIS TRANSFER ON DEATH DEED is made pursuant to Miss. Code §§ 91-27-1 through 91-27-33 by:

TRANSFEROR (Owner/Grantor):

Full Legal Name: _______________________________________________

Marital Status: [ ] Single [ ] Married [ ] Widowed [ ] Divorced

Address: _______________________________________________

City, State, Zip: _______________________________________________

Date of Birth: _______________________________________________

DESIGNATED BENEFICIARY(IES)

Primary Beneficiary:

Full Legal Name: _______________________________________________

Address: _______________________________________________

Relationship to Transferor: _______________________________________________

Percentage of interest (if multiple): _______%

Primary Beneficiary #2 (if applicable):

Full Legal Name: _______________________________________________

Address: _______________________________________________

Relationship to Transferor: _______________________________________________

Percentage of interest: _______%

Contingent Beneficiary (receives property if Primary Beneficiary predeceases Transferor):

Full Legal Name: _______________________________________________

Address: _______________________________________________

Relationship to Transferor: _______________________________________________

PROPERTY DESCRIPTION

The Transferor hereby designates the above-named beneficiary(ies) to receive, upon the Transferor's death, all of Transferor's interest in the following real property located in _____________ County, Mississippi:

Legal Description:

(Must be exact legal description from existing deed — do not substitute street address)

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

Property Address (for reference only):

_______________________________________________

TRANSFER ON DEATH DECLARATION

1. This deed shall be effective only upon the death of the Transferor and shall not take effect prior to that time.
2. This deed is revocable and may be cancelled or modified by the Transferor at any time during Transferor's lifetime by recording a Revocation of Transfer on Death Deed with the county Chancery Clerk.
3. During Transferor's lifetime, Transferor retains full ownership and all rights to the property, including the right to sell, mortgage, lease, or otherwise encumber the property without consent of the designated beneficiary.
4. Upon Transferor's death, the beneficiary(ies) named herein shall take title to the property subject to all mortgages, liens, and encumbrances of record at the time of Transferor's death.
5. If a designated beneficiary predeceases the Transferor, and no contingent beneficiary is named, that beneficiary's share shall lapse and the property shall pass through Transferor's estate.
6. This deed does NOT constitute a gift and does NOT affect Transferor's eligibility for Medicaid benefits during Transferor's lifetime.

SPOUSAL CONSENT (Required if Transferor is married)

I, _____________________________________, spouse of the Transferor, hereby consent to this Transfer on Death Deed and release all homestead, dower, and other rights that would prevent this designation from taking effect at death.

Spouse Signature: _______________________________________________ Date: _______________

Spouse Notary Acknowledgment:

(Spouse signature must also be separately notarized if spouse has homestead rights)

TRANSFEROR SIGNATURE

IN WITNESS WHEREOF, Transferor executes this Transfer on Death Deed.

Transferor Signature: _______________________________________________

Printed Name: _______________________________________________

Date: _______________________________________________

WITNESS SIGNATURES

(Mississippi TODD requires two witnesses — Miss. Code § 91-27-9)

Witness No. 1:

Signature: _______________________________________________

Printed Name: _______________________________________________

Address: _______________________________________________

Date: _______________________________________________

Witness No. 2:

Signature: _______________________________________________

Printed Name: _______________________________________________

Address: _______________________________________________

Date: _______________________________________________

NOTARY ACKNOWLEDGMENT

STATE OF MISSISSIPPI

COUNTY OF ___________________________

Before me, the undersigned authority, personally appeared ________________________________, known to me to be the Transferor whose name is subscribed to the foregoing Transfer on Death Deed, and acknowledged that he/she executed the same freely and voluntarily for the purposes therein expressed.

Given under my hand and seal this _______ day of _______________, 20____.

Notary Public: _______________________________________________

Commission Expires: _______________________________________________

[NOTARY SEAL]

BENEFICIARY ACCEPTANCE (Optional — Complete After Transferor's Death)

Upon the death of Transferor, I/we, the named beneficiary(ies), hereby accept the property described above and affirm that the Transferor died on _____________ and that this Transfer on Death Deed was duly recorded prior to that date.

Beneficiary Signature: _______________________________________________ Date: _______________

REVOKING THIS DEED

To revoke this Transfer on Death Deed, the Transferor must:

1. Execute a written Revocation of Transfer on Death Deed signed before 2 witnesses and a notary
2. Record the Revocation with the Chancery Clerk BEFORE death — an unrecorded revocation has no legal effect
3. Alternatively, execute and record a new Transfer on Death Deed naming different beneficiaries

FILING INSTRUCTIONS

MUST BE RECORDED BEFORE THE TRANSFEROR'S DEATH with the Chancery Clerk of _____________ County.

Recording fee: ~$10–$50 depending on county. Keep a certified copy for your records.

Authority: Miss. Code §§ 91-27-1 through 91-27-33. Not legal advice.