As a real estate attorney who has prepared hundreds of estate plans across the Southeast for over a decade, I can tell you that the Mississippi transfer on death deed (also called a beneficiary deed) is one of the simplest and most cost-effective ways to avoid probate for real property in the Magnolia State. In this comprehensive guide, I’ll give you my battle-tested, completely free Mississippi transfer on death deed form that complies with Miss. Code Ann. § 91-27-1 et seq. (Mississippi Real Property Transfer on Death Act of 2023), explain exactly how to fill it out, record it, and revoke it — plus the pros, cons, and common mistakes I see every week in my practice.
Important Disclaimer: This article and the free template are for informational purposes only and do not constitute legal advice. Laws change, and your situation may have unique facts. Always consult a licensed Mississippi attorney or title professional before executing any deed.
A Mississippi transfer on death deed (TODD) is a special type of deed authorized by the Mississippi Real Property Transfer on Death Act (§§ 91-27-1 through 91-27-37) that became effective July 1, 2023. It allows you to name one or more beneficiaries who will automatically receive title to your real estate upon your death — without going through probate court.
Think of it as a “beneficiary designation” for your house or land, just like you name beneficiaries on life insurance or retirement accounts.
According to Miss. Code Ann. § 91-27-9, your TODD must:
| Requirement | Details |
|---|---|
| Signed by owner(s) | All record owners must sign |
| Notarized | Two witnesses OR notary acknowledgment (notary is safer) |
| Clearly state it is effective only on death | Must contain language such as “transfer on death” or “payable on death” |
| Legal description | Exact description from your current deed (not just street address) |
| Recorded before your death | Must be filed in the land records of the county where the property is located |
Below is my attorney-drafted, regularly updated template that I provide to clients. It is compliant with the 2023 Act and includes optional alternate beneficiaries and contingent language.
MISSISSIPPI TRANSFER ON DEATH DEED Statutory Form – Miss. Code Ann. § 91-27-21 NOTICE TO OWNER: This deed transfers title to your real property upon your death without probate. You retain full ownership and control during your lifetime. This deed is revocable. Property Owner(s) (Transferor(s)): Name: ____________________________________________________________ Marital Status: ☐ Single ☐ Married Primary Beneficiary(ies) (will own property equally as tenants in common unless otherwise stated): 1. Name: ______________________________________ Relationship: ____________ Address: ___________________________________________________________ 2. Name:Name: ______________________________________ Relationship: ____________ Address: ___________________________________________________________ Alternate Beneficiary(ies) (if any primary beneficiary predeceases the owner): 1. Name: ______________________________________ Relationship: ____________ Legal Description of Property (attach exhibit if needed): ______________________________________________________________________ ______________________________________________________________________ (see attached Exhibit A ☐) The Transferor(s) hereby transfer(s) the above-described real property to the above-named beneficiary(ies), effective on the death of the last surviving Transferor, without warranty. Executed this _____ day of ____________________, 20____. _________________________________________ ______________________________ Signature of Owner/Transferor Print Name _________________________________________ ______________________________ Signature of Owner/Transferor (if jointly owned) Print Name STATE OF MISSISSIPPI COUNTY OF ____________________ This instrument was acknowledged before me on __________________ by ____________________________________________________________ (name(s) of owner(s)). _________________________________________ Notary Public My commission expires: ___________________
Download Link: Free Mississippi TOD Deed Template – Word Format | Free Mississippi TOD Deed Template – PDF Format
You can revoke a TODD at any time (Miss. Code Ann. § 91-27-19) by:
Important: Simply making a new will or trust does NOT revoke a recorded TOD deed.
Does a TOD deed avoid Medicaid estate recovery?
No. Mississippi Medicaid can still file a claim against property passed by TOD deed (see Medicaid Estate Recovery).
Can I name multiple beneficiaries?
Yes — they will own as tenants in common unless you specify joint tenancy with right of survivorship.
Does it affect my property taxes or homestead exemption?
No — you remain the owner for tax purposes during your lifetime.
Can I put my LLC-owned property in a TOD deed?
No — only individuals can execute TOD deeds in Mississippi.
In my 15+ years of practice, I’ve seen TOD deeds save Mississippi families tens of thousands of dollars and countless headaches — especially for clients with simple estates and out-of-state children. If your primary goal is to keep real estate out of probate while retaining full control, the Mississippi transfer on death deed is likely an excellent solution.
Download my free 2025-compliant template above, follow the recording steps, and sleep better knowing your house or farm will pass instantly and privately to your loved ones.
Remember: This is a powerful tool, but it’s not one-size-fits-all. If you have a blended family, significant debt, or Medicaid concerns, please schedule a consultation with a Mississippi estate planning attorney.
Sources:
Mississippi Real Property Transfer on Death Act – Miss. Code Ann. §§ 91-27-1 to 91-27-37
IRS Rev. Rul. 84-165 (incomplete gift treatment)
Mississippi Secretary of State Land Records Guidelines
© 2025 – All rights reserved. Template may be used for personal use only.