Mississippi Revocable Transfer on Death Deed

On July 1, 2020, the "Mississippi Real Property Transfer on Death Act" became effective, allowing the owner/transferor the right to transfer his/her/their property rights upon the death of the transferor(s). {"Transferor" means an individual who makes a transfer-on-death deed.} The instrument used is a "Transfer on Death Deed" (TODD). The transferor(s) names a designated beneficiary(s)/transferee(s) who will receive the property upon the transferor's death. ["Beneficiary" means a person who receives real property under a transfer-on-death deed.] To be effective the TODD must be recorded before the transferor's death ({in the official records of the chancery clerk of the county where the real property is located)}. A TODD is unique in that it does NOT have to be delivered or accepted by the beneficiary(s). {Section 91-27-3 (g)} [Section 91-27-3(b)] ({Section 91-27-17(3)})

A TODD allows the transferor to keep possession of the subject property throughout his/her/their lifetime and is frequently used to bypass the probate process, thus saving time and money. A TODD may be revoked, by the transferor if the revocation is recorded before the death of the transferor.

Section 91-27-27 - Effect of transfer-on-death deed at transferor's death

On the death of the transferor, the following rules apply to an interest in real property that is the subject of a transfer-on-death deed and owned by the transferor at death except as otherwise provided: in the transfer-on-death deed; in this chapter; in Title 91, Chapter 29, Mississippi Code of 1972, relating to revocation by divorce; in Section 91-1-25 relating to the prohibition on inheriting from a person whom one has killed; in Title 91, Chapter 3, Mississippi Code of 1972, the Mississippi Uniform Simultaneous Death Act; and in Section 91-5-25 relating to the spousal right to renounce a will:
(1) If a transferor is a joint owner with right of survivorship who is survived by one or more other joint owners, the real property that is the subject of the transfer-on-death deed belongs to the surviving joint owner or owners. If a transferor is a joint owner with right of survivorship who is the last-surviving joint owner, the transfer-on-death deed is effective.
(2) The last-surviving joint owner may revoke the transfer-on-death deed subject to Section 91-27-19.
(3) A transfer-on-death deed transfers real property without covenant or warranty of title even if the deed contains a contrary provision.
(4) The interest in the property is transferred to a designated beneficiary in accordance with the deed, but the interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
(5) Concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship, but if the transferor has identified two (2) or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.

(Mississippi RTODD Package includes form, guidelines, and completed example) For use in Mississippi only.