A quitclaim deed is an efficient way to transfer property between individuals. However, like other property transfer methods, it must be undertaken according to the state’s laws and requirements in order to protect both the grantor and grantee and ensure that the transaction is legal.
If the quitclaim deed process is not handled properly, the grantor may retain control of the property, or the entities involved in the transfer may face unexpected fees to fix incorrectly filed documents.
Step One – 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 Two – 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 Three – 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 Four – 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.
