MS-Specific Legal Documents

MS Heir Property Packet

Complete Mississippi Heir Property Packet: Affidavit of Heirship (MS-specific 2-affiant/3yr-90day form), Quit Claim Deed, Quit Claim Deed Reserving Life Estate, Transfer on Death Deed, UPHPA Co-Tenant Right of First Refusal Notice, and Chancery Court Filing Instructions covering all 82 MS counties. Includes Eligibility Screener to determine the right document path. Covers UPHPA protections enacted in Mississippi 2020 (Miss. Code §§ 91-31-1 through 91-31-25).

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What's Included

Eligibility Screener (which document path is right?)
Affidavit of Heirship — MS-specific: 2 affiants, 3-year/90-day rule
Quit Claim Deed — standard MS property transfer
Quit Claim Deed Reserving Life Estate — Medicaid protection variant
Transfer on Death Deed (TODD) — Miss. Code §§ 91-27-1 to 91-27-33
UPHPA Co-Tenant Right of First Refusal Notice — Miss. Code § 91-31-11
Chancery Court Filing Instructions — all 82 MS counties
UPHPA rights summary (enacted 2020)
Major county Chancery Clerk contact directory
Free legal aid contacts (NMRLS, MS Center for Justice)

Mississippi Legal Authority

  • •Miss. Code § 91-1-7 (Intestate Succession)
  • •Miss. Code § 89-1-1 et seq. (Property & Conveyances)
  • •Miss. Code §§ 91-27-1–91-27-33 (Transfer on Death Deeds)
  • •Miss. Code §§ 91-31-1–91-31-25 (UPHPA 2020)
  • •Miss. Code § 11-21-1 (Partition Actions)
  • •Miss. Code § 9-5-1 et seq. (Chancery Court Jurisdiction)

Frequently Asked Questions

What is the waiting period for the Mississippi Affidavit of Heirship?

Mississippi requires at least 3 years AND 90 days to have passed since the date of the decedent's death before the Affidavit can be signed.

Does Mississippi have UPHPA protections?

Yes. Mississippi enacted the Uniform Partition of Heirs Property Act in 2020 (Miss. Code §§ 91-31-1 to 91-31-25). It requires court appraisal, gives co-tenants a right of first refusal, and prefers partition in kind over forced sale.

What is a Transfer on Death Deed (TODD) and why does it matter?

A TODD designates a beneficiary to receive property at death — bypassing probate and potentially protecting against Medicaid estate recovery. It must be recorded before the owner's death to be effective.

Which court handles heir property in Mississippi?

All Mississippi heir property matters are handled in Chancery Court. Mississippi has 52 Chancery Court Districts covering all 82 counties.

LEGAL NOTICE

Templates for informational purposes only. Not legal advice. Consult a licensed Mississippi attorney for your specific situation.

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