Mississippi Deed Requirements

A deed transferring Mississippi real estate must include certain information and meet Mississippi’s formatting and signing requirements to be eligible for recording. Mississippi is unlike many other states in that it does not require any additional forms to accompany a deed submitted for recording.

Formatting Requirements for Mississippi Deeds

Mississippi deeds must be formatted according to the specifications below.

Paper and Page Size

A Mississippi deed’s pages must be printed on white paper of at least 20-pound weight—printed on one side only.¹ A deed’s pages should not be permanently bound or in a continuous form and should have no stapled attachments unless otherwise required by law.²

Mississippi law does not specify a page size for deeds. Deeds are customarily printed on letter-size (8½ x 11-inch) or legal-size (8½ × 14-inch) paper. Recording clerks recommend including page numbers on the bottom of each page—though page numbers are not required by law.

Font Size and Ink

Deeds must be printed or typed in a font no smaller than 10 points.³ Ink used to print a deed must be a color that allows for readable copies.⁴ Deeds are customarily printed in black ink and must be signed in black or blue.⁵ Print must be sufficiently legible to allow reproduction of clear copies.⁶

Margins

The top margin of a deed’s first page must include at least 3 inches of vertical space where the recorder can add filing information.⁷ All other margins must be at least ¾ inch.

Content Requirements for Mississippi Deeds

A deed must include the information below to comply with Mississippi law and transfer real estate effectively.

First-Page Information

Each of the following items must appear on a Mississippi deed’s first page below the 3-inch top margin:

• Title. A document title—such as Quitclaim Deed or Warranty Deed—must identify the type of document being recorded.⁸
• Parties’ identifying information. A deed must identify the current owner, new owner, and any other parties to the deed. The parties must be identified by name, mailing address, and telephone number. The identifying information must be on the first page below the 3-inch top margin.⁹
• Property description or indexing information. Either the legal description of the property or the indexing instruction should be on the first page. If there is insufficient space on the first page, the legal description or indexing information should appear on the next page.¹⁰
• Prepared-by statement. A deed’s first page must identify by name, physical address, and business or employment telephone number the individual who prepared the deed.¹¹ A deed prepared by an attorney must include the attorney’s Mississippi bar number.¹²
• Return address. A deed’s first page must list a return address where the clerk is to return the deed after recording.¹³

Property Description

A Mississippi deed must have legal description with enough information to precisely identify the property.¹⁴ Mississippi deeds sometimes include a legal description as an attachment to the deed.

Indexing Instruction

A Mississippi deed must include an indexing instruction that is set apart to be easily visible to the clerk.¹⁵ The indexing instruction identifies the property’s section, township and range, and one or more quarter sections or governmental lots or other applicable subdivisions. If the preparer cannot determine the property’s applicable subdivision, the indexing instruction must state that the information cannot be determined. The indexing instruction must then identify all applicable subdivisions of the section in which the described land could be located.

Granting Clause

A deed must contain a granting clause stating that the current owner is transferring the property to the new owner.¹⁶ A deed’s granting clause depends on the type of deed and whether the current owner is providing warranty of title.¹⁷

Form of Joint Ownership

A deed transferring Mississippi real estate to multiple new owners should state the new owners’ co-ownership form. Mississippi recognizes tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety.¹⁸

Consideration

Mississippi law does not specifically require a statement of consideration—or the amount paid for the property—within a deed. Mississippi deeds customarily state nominal consideration.¹⁹

Signing Requirements for Mississippi Deeds

The current owner who is transferring property (the grantor) must sign a Mississippi deed.²⁰ The name of any person who signs a deed must be typed, printed, or stamped directly beneath the signature.²¹ A deed transferring jointly owned real estate should include each owner’s signature—unless the deed transfers only one owner’s interest.

Entity Signature

An entity signs a Mississippi deed through an officer, trustee, authorized agent, or attorney in fact with legal authority to act for the entity.²²

Electronic Signature

A deed in digital format with the current owner’s “electronic signature” in compliance with Mississippi’s Real Property Electronic Recording Act counts as an original, signed document that can be recorded in Mississippi.²³

Notarization

The current owner’s signature must be acknowledged before a notary or other officer authorized to take acknowledgments.²⁴ Mississippi has statutory notary certificates that satisfy the notarization requirements for deeds.²⁵

Mississippi Homesteads

A deed that transfers title to a married owner’s Mississippi homestead must include the owner’s and non-owner spouse’s signatures.²⁶

Delivery

Mississippi law requires a signed deed to be delivered to the new owner to become effective.²⁷ Delivery by the current owner to the chancery clerk for recording is considered constructive delivery to the new owner.²⁸

Recording Fees for Mississippi Deeds

Mississippi deeds are recorded with the chancery clerk for the county where the property is located.²⁹ The standard fee payable to the chancery clerk for recording a Mississippi deed is $25.00 for the initial five pages and $1.00 for each page over five.³⁰ Some counties charge an extra $1.00 archiving fee. A clerk who accepts an incorrectly formatted deed may charge an additional $10.00 fee for recording the nonconforming deed.³¹

Counties with Two Recording Districts

Ten of Mississippi’s counties are divided into two recording districts.³² Deeds in those counties must be filed in the correct district. Counties with two recording districts and their recording district office locations are as follows:

• Bolivar (Rosedale and Cleveland);
• Carroll (Carrollton and Vaiden);
• Chickasaw (Houston and Okolona);
• Harrison (Gulfport and Biloxi);
• Hinds (Jackson and Raymond);
• Jasper (Paulding and Bay Springs);
• Jones (Ellisville and Laurel);
• Panola (Sardis and Batesville);
• Tallahatchie (Charleston and Sumner); and
• Yalobusha (Coffeeville and Water Valley).

Mississippi Real Estate Transfer Tax and Additional Forms

Mississippi charges no transfer tax or deed tax on real estate transfers. Mississippi also does not require the transferor or new owner to complete a return or other informational form when transferring title to real estate.

1. Miss. Code § 89-5-24(1)(d).
2. Miss. Code § 89-5-24(1)(a).
3. Miss. Code § 89-5-24(1)(b).
4. Miss. Code § 89-5-24(1)(d).
5. Miss. Code § 89-5-24(1)(e).
6. Miss. Code § 89-5-24(1)(c).
7. Miss. Code § 89-5-24(1)(f).
8. Miss. Code § 89-5-24(2)(c).
9. Miss. Code §§ 89-5-24(2)(a); 27-3-51.
10. Miss. Code § 89-5-24(2)(e).
11. Miss. Code § 89-5-24(2)(a).
12. Miss. Code § 89-5-33(3).
13. Miss. Code § 89-5-24(2)(b).
14. See Miss. Code § 89-1-61.
15. Miss. Code § 89-5-33(3).
16. See, e.g., Miss. Code § 89-1-61.
17. See Miss. Code § 89-1-41.
18. Miss. Code § 89-1-7.
19. See Miss. Code § 89-1-61.
20. Miss. Code § 89-1-3.
21. Miss. Code § 89-5-24(1)(e).
22. See, e.g., Miss. Code §§ 89-1-21; 91-8-816.
23. Miss. Code § 89-5-105.
24. Miss. Code § 89-3-1.
25. Miss. Code § 89-3-7.
26. Miss. Code § 89-1-29.
27. Miss. Code § 89-1-1.
28. Wilbourn v. Wilbourn, 37 So.2d 256 (Miss. 1948).
29. Miss. Code § 89-5-25(1).
30. Miss. Code § 25-7-9(1)(b).
31. Miss. Code § 89-5-24(4).
32. See Miss. Code § 89-5-41.