If you are adding a spouse to title, removing a former spouse, transferring property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a Mississippi quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, where to record the deed, indexing instructions, and making sure the grantor, grantee, and deed preparer information is complete.
The good news is that Mississippi's process is manageable once you know the recording office, the information the clerk expects to see, and the few details that commonly cause rejection.
Important Mississippi Recording Note:
Mississippi quitclaim deeds are recorded with the Chancery Clerk in the county where the property is located.
Before recording, Mississippi county recording offices commonly expect the deed to include a notarized grantor signature, the legal description with indexing instructions, and names, addresses, and telephone numbers for the sellers, buyers, and deed preparer.
Mississippi does not use Michigan's Property Transfer Affidavit Form 2766, and ordinary Mississippi deed transfers are generally not subject to a state real estate transfer tax. Normal county recording fees still apply.
If the person receiving the property will occupy it as a home, they may also want to ask the county Tax Assessor about Mississippi homestead exemption filing rules after the deed is recorded.
Married Grantors: Your Spouse May Need to Sign Too
This is a different issue from the homestead tax exemption mentioned above. Mississippi law separately protects a married person's homestead from being transferred away without their consent. If the property is your homestead and you're married and living with your spouse, your spouse's signature is generally required to convey it to anyone outside the marriage, even if only your name is on the title. A conveyance missing that signature can be invalid.
There's an exception for conveying the property directly to your own spouse, since that doesn't remove it from the marriage. If you're not sure whether the property counts as your homestead, it's worth confirming before you sign.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Mississippi recording offices commonly expect.
- Current deed or property record
- Grantor’s full legal name, mailing address, and telephone number
- Grantee’s full legal name, mailing address, and telephone number
- Legal description of the property
- Indexing instructions or section/township/range information, if applicable
- Mississippi county where the property is located
- Deed preparer’s name, address, and telephone number
- Return mailing address after recording
- Recording fee for the county Chancery Clerk
How to Fill Out a Mississippi Quitclaim Deed
Step 1: Identify the Correct County Chancery Clerk
Mississippi deeds are recorded with the Chancery Clerk in the county where the property is located.
This matters because recording in the wrong county can delay the transfer and may require the deed to be corrected or recorded again in the proper county.
Step 2: Enter the Deed Preparer and Return Information
Mississippi recording practice commonly expects information about the deed preparer.
The deed should also show where the recorded document should be returned after the Chancery Clerk records it.
Step 3: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor’s full legal name. The name should match the current deed, or the deed should make any name difference understandable.
Step 4: Enter the Grantee Information
The grantee is the person receiving the property interest.
Mississippi deeds should include current mailing address and telephone information for the parties. This is one of those small details that can prevent recording problems.
Step 5: Add the Legal Description and Indexing Instructions
Use the legal description from the current deed or official property records.
Mississippi recording offices commonly expect the legal description to include enough indexing information for the Chancery Clerk to place the deed in the county land records correctly.
Step 6: Review the Transfer Purpose
A quitclaim deed can be used for many different reasons, including family transfers, spouse transfers, trust transfers, inheritance matters, divorce-related transfers, and ownership cleanup.
Mississippi generally does not impose a state real estate transfer tax on ordinary deed transfers, but the deed should still be complete and accurate before it is recorded.
Step 7: Sign and Notarize the Deed
The grantor signs the deed, and the signature generally needs a notary acknowledgment before recording.
For paper recording, the deed should contain original signatures unless the county accepts electronic recording through an approved system.
Step 8: Record the Deed
Submit the signed and notarized deed to the county Chancery Clerk with the required recording fee.
Depending on the county, recording may be handled in person, by mail, or through approved electronic recording systems.
Step 9: Ask About Homestead Exemption if This Will Be a Home
If the grantee will live in the property as their primary home, they may want to ask the county Tax Assessor about homestead exemption after the deed is recorded.
This is not the same thing as recording the deed. It is a separate property-tax issue that may matter to homeowners.
Why Mississippi Uses the Chancery Clerk
In Mississippi, county land records are handled by the Chancery Clerk rather than a Register of Deeds.
In plain English, this is the office that records deeds and keeps the public land records for the county.
If you see a generic form or website telling you to record a Mississippi deed with the “Register of Deeds,” that is usually a sign the information was copied from another state.
Does Mississippi Have Transfer Tax or a Property Transfer Affidavit?
For ordinary Mississippi quitclaim deeds, the answer is usually simpler than in many other states.
Mississippi generally does not have a state real estate transfer tax for ordinary deed transfers. Mississippi also does not use Michigan’s Property Transfer Affidavit Form 2766.
That does not mean the deed can be casual. The Chancery Clerk still needs a properly signed, notarized, complete document with the required recording information and the correct recording fee.
One separate issue worth knowing about: if the person transferring the property is not a Mississippi resident, state law generally requires 5% of the net proceeds to be withheld, similar to federal withholding rules for nonresident sellers. This is an income-tax withholding matter, not a recording requirement, and it mainly comes up when real money changes hands rather than in a typical family gift.
Mississippi Signing and Recording Notes
- Mississippi deeds are recorded with the county Chancery Clerk.
- The deed should be recorded in the county where the property is located.
- Paper documents generally need original signatures.
- The grantor’s signature should be properly acknowledged before a notary public.
- The deed should include the legal description and indexing instructions.
- Grantor and grantee names, mailing addresses, and telephone numbers should be included.
- The deed preparer’s name, address, and telephone number should be included.
- A return address should be included so the recorded deed can be returned.
- Ordinary recording fees still apply even though Mississippi generally does not impose a state transfer tax on ordinary deeds.
- Homestead exemption, if relevant, is handled separately through the county Tax Assessor.
Official Mississippi Sources
- Hinds County Chancery Clerk — Deed Recording Requirements
- Madison County Chancery Clerk FAQ — Deed Recording Requirements
- Mississippi Code Title 89, Chapter 5 — Recording Instruments
- Mississippi Code § 89-1-29 — Spouse's Role in Conveying Homestead
- Mississippi Code § 27-3-51 — Address and Telephone Information on Deeds
Common Mississippi Quitclaim Deed Mistakes
- Looking for a Register of Deeds instead of the county Chancery Clerk
- Recording in the wrong county
- Using only the street address instead of the legal description
- Leaving out indexing instructions or property identification details
- Leaving out party mailing addresses or telephone numbers
- Forgetting the deed preparer’s name, address, or telephone number
- Submitting a deed that is signed but not properly notarized
- Forgetting to include a return address after recording
- Assuming homestead exemption is automatic after a deed is recorded
- Forgetting a spouse's signature on homestead property being conveyed to someone outside the marriage
- Relying on Michigan-style Property Transfer Affidavit language that does not apply in Mississippi
How This Fits Into the Mississippi Quitclaim Deed Process
A Mississippi quitclaim deed can be a practical way to update ownership, especially for family, trust, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, notarize it correctly, record it with the right county Chancery Clerk, and include the information the recording office expects to see.
Mississippi Quitclaim Deed FAQ
Where do I record a Mississippi quitclaim deed?
Record the deed with the Chancery Clerk in the Mississippi county where the property is located.
Does a Mississippi quitclaim deed need to be notarized?
Yes. The grantor's signature generally needs to be acknowledged before a notary public before the deed is recorded.
Do I need my spouse's signature on the deed?
If the property is your homestead and you're married and living with your spouse, yes, unless you're conveying it directly to your own spouse. Mississippi law generally requires the non-titled spouse's signature to convey homestead property to anyone outside the marriage.
Does Mississippi have a Register of Deeds?
No. Mississippi deeds are recorded with the county Chancery Clerk, not a Register of Deeds.
Does Mississippi require a Property Transfer Affidavit?
Mississippi does not use Michigan’s Property Transfer Affidavit Form 2766. The recording office will focus on the deed, signatures, acknowledgment, legal description, indexing information, party information, and recording fees.
Does Mississippi charge a state transfer tax on quitclaim deeds?
Mississippi generally does not impose a state real estate transfer tax on ordinary deed transfers, but county recording fees still apply.
Is homestead exemption automatic after recording a deed?
No. Homestead exemption is a separate property-tax issue. If the new owner will occupy the property as a home, they should ask the county Tax Assessor about eligibility and filing deadlines.
Is this legal advice?
No. This page provides general educational information and is not legal advice.