A Mississippi quitclaim deed is an easy tool for property owners (grantors) to transfer ownership without making any promises about the title. A quitclaim deed only transfers whatever interest the grantor has in the property to another party.
How to File
Filing a quitclaim deed in Mississippi means more than just signing a form—you’ll need to gather the right documents, complete mandatory disclosures, and submit everything to the correct county office. Taking each step carefully helps ensure your property transfer is legally recognized.
Step 1: Gather Documentation
Take the time to gather all relevant documentation and paperwork. Not only do you need a Mississippi quitclaim deed template that will make it easier for you to fill out your quitclaim deed and the required information, but you should also gather the other documents needed to legally file a change of property ownership in Mississippi.
That includes a property disclosure form, which the grantor must fill out before selling the property to the grantee, as well as the affidavit required by Miss. Code Ann. § 89.5.8, which offers information about the marital status or heirship of the grantor of a property.
Step 2: Fill Out All Required Documents
Fill out all the information required by the Mississippi quitclaim deed form. Unlike in other states, Mississippi statutes do not provide a sample quitclaim deed form.
However, by using a template, you can easily include all relevant information in the quitclaim deed, including the property’s legal description, the name and address of both the grantor and grantee, and information about the party that prepared the document.
While completing those documents, go ahead and fill out the affidavit regarding marital status and the property disclosure form. By filling out all of the required paperwork, you will help your property transfer go more smoothly.
Do not sign or date the quitclaim deed form until you are in the presence of the notary.
Step 3: Take the Quitclaim Deed to a Notary
According to Miss. Code Ann. § 89.3.1, you must have your quitclaim deed acknowledged by a notary. The notary will witness the signature or signatures on the document and affix their seal. You will need to provide your government-issued ID as proof of identity.
Step 4: File the Deed
To file your deed, according to Miss. Code Ann. § 89.5.1, you need to take it to the chancery court clerk in the county where the property is located. Note that this may be different from the county where either the grantor or grantee lives.
At this time, you will need to pay the fees laid out in Miss. Code Ann. § 25.7.9, including a $25 filing fee for the deed itself. Mississippi also charges a $1 fee for any page over five pages.
Make any needed copies of the deed for each party before filing the deed with the chancery court clerk.
Costs and Fees
The costs and fees associated with a Mississippi quitclaim deed can be significant for both grantor and grantee. Doing your research ahead of time, including speaking with a tax professional or accountant if needed, can make it easier for you to prepare financially for any challenges you may face.
Filing Fees
When you file a quitclaim deed with the chancery court clerk, you will need to pay a filing fee.
Miss. Code Ann. § 25.7.9 notes there is a $25 fee for filing a deed, with an additional $1 fee for each page over five. In addition, you will have to pay a $1 fee for the chancery court clerk to certify any copies of the deed that you may need for future use.
Oil and gas leases, mineral deeds, and royalty deeds may have their own transfer tax, including fees for subdivisions and sections.
Taxes
Real Estate Transfer Tax
Mississippi does not assign a real estate transfer tax for any property transaction.
US Gift Tax
The United States assigns a tax to gifts over a specific value each year. While there are some exemptions, real estate transactions are usually of substantial enough value that if the grantor gifts property to the grantee, it will be subject to a gift tax.
Before gifting real estate, consult a tax professional to make sure that you fully understand your tax obligations.
The state does not assign a separate gift tax, so you will not face additional state gift tax obligations.
Capital Gains Tax
The United States assigns a capital gains tax based on the amount the value of a piece of property increases between its purchase and sale. Real estate has the potential to increase substantially in value over time, so property owners often face a significant capital gains tax after selling a piece of property.
The IRS may offer some exemptions to the capital gains tax when the property owner has used that property as their primary residence, including residing there for at least two of the last five years.
Mississippi groups all earned income, including capital gains, under the same umbrella when considering income for the calendar year.
As a result, capital gains are taxed as regular income and will fall into the same brackets as the state’s income tax. Before selling a property, consult with a tax professional to ensure that you fully understand your tax obligations.
Mississippi Quitclaim Deed Requirements
Mississippi recognizes quitclaim deeds as valid legal instruments for transferring property without a warranty of title. To be accepted for recording, the deed must meet specific content, formatting, and filing requirements set by state law.
Legal Framework
Statute
Miss. Code Ann. § 89 lays out Mississippi quitclaim deed requirements as well as other real estate transfers within the state.
Signing Requirements
According to Miss. Code Ann. § 89.3.1, quitclaim deeds need to be signed before a notary and acknowledged by the notary’s seal.
Recording Requirements
Miss. Code Ann. § 89.5.1 notes that quitclaim deeds and other legal instruments will not be recognized unless they are filed with the clerk of the chancery court in the county where the property is located. That may be different from the county where either the grantor or grantee lives. Miss. Code Ann. § 25.7.9 lays out several fees that you may be charged when filing the document, including:
- $1 for certifying copies of recorded documents
- $25 for the first five pages of a deed
- $1 for each additional page of a deed
Additional Documents
According to Miss. Code Ann. § 89.1.503, sellers must provide the new owner of the property with a property disclosure statement that lays out any known issues with the property. It shares all relevant information about the condition of the property as far as it is known to the seller at the time of transfer.
Miss. Code Ann. § 89.5.8 also notes that an affidavit that lays out marital status, heirship, and identification of a party to an instrument impacting real estate titles may be required.
Transfer Tax
Mississippi does not have a state transfer tax on real estate transactions.
Validity Requirements
Miss. Code Ann. § 89.5.24 lays out the form documents should take to be considered valid. This includes:
- White paper that is at least 20-pound weight
- Font size of at least 10 points
A quitclaim deed that does not meet these basic requirements may not be legible, particularly when it is time to copy the document.
Content Requirements
A quitclaim deed should clearly lay out that it transfers the property without warranty of title and should not contain any promises that the title is clear or free of liens or encumbrances.
While Mississippi does not require specific language for its quitclaim deeds, the use of the term “quitclaims” serves as a notice that warranty of title is not conveyed through that document. In addition, a quitclaim deed form must contain:
- A legal description of the property. A legal description is not just the street address of the property, which may change over time, but also includes the boundaries of the property and any other information laid out in the title that helps set forth the exact plot.
- The name and address of the individual who prepared the deed.
A quitclaim deed should also contain information that makes it easier to identify the parties involved in the transaction and the type of transaction, including the name and address of both grantor and grantee, and the consideration, including money or other property, exchanged for the piece of real estate.
Quitclaim Deeds vs. Other Property Transfer Methods in Mississippi
A quitclaim deed’s defining feature is its lack of warranty. A title warranty offers a binding promise that there are no issues with the title, both during the period when the grantor owned the property and the period before.
Without that guarantee, any liens, encumbrances, or other issues discovered relating to the title become the responsibility of the grantee.
Before entering into a real estate transaction, both the grantor and grantee should carefully consider the advantages offered by a warranty and whether they want to proceed with a quitclaim deed or choose another type of property transfer.
| Type of Deed | Description | Uses | Advantages | Disadvantages |
|---|---|---|---|---|
| Quitclaim Deed | Transfers the grantor's interest in the property without any guarantee of title. | Property transfers between family members. Adding a spouse to a title. Dividing property following divorce. Transferring property between entities under the same corporate umbrella. Transferring property into or out of a trust. Correcting errors in the title. |
Faster property transfer method. Does not require a title search. |
Does not convey warranty protection on the grantee, who will assume all responsibility for future title issues. |
| Special Warranty Deed | Transfers real estate with a title warranty only for the period of time when the grantor owned the property. | Foreclosures. Bank sales. |
Faster than a general warranty deed. Offers some protection to the new owner of the property. |
Does not convey the same level of protection as a full warranty deed. |
| General Warranty Deed | Offers a full title warranty, not just for the period when the property was owned by the grantor, but also before, when transferring real estate. | General property transfers, including both those conducted between private individuals and those conducted by companies. | Offers a higher level of protection to the new owner of the property. | Requires more time due to the necessity of a title search. |
Sample Mississippi Quitclaim Deed
View a sample Mississippi quitclaim deed below. Use our template to fill in the required details, then download your completed document as a PDF or Word file for easy filing.
Frequently Asked Questions
What Are the Risks Associated with Using a Quitclaim Deed in Mississippi?
The primary risk is that the grantee receives no guarantees about the property’s title quality. If there are any title issues or outstanding liens, the grantee assumes these problems. It’s advisable to conduct a thorough title search before accepting a quitclaim deed.
Can Quitclaim Deeds in Mississippi Be Reversed or Cancelled?
Reversing or cancelling a quitclaim deed in Mississippi is challenging and usually requires agreement from both the grantor and grantee or a court order. Scenarios such as duress, fraud, or significant misunderstanding could warrant reversal.
How Does a Quitclaim Deed Affect Probate in Mississippi?
In Mississippi, a quitclaim deed can transfer property outside of probate if done before the grantor’s death. However, if not properly planned, the property may still be part of the estate and subject to probate proceedings.
