Use a trustee's deed to transfer real property held in an inter vivos trust (also called a living trust). This type of deed is named for the executing trustee of the living trust, who holds legal title to the real property transferred into trust by the trust's settlor, and not for the type of warranty it carries, as with other forms of conveyance. Note that this type of trustee's deed is separate from the trustee's deed used to convey real property under a deed of trust upon foreclosure.

The trustee's deed for a living trust recites the trustee's name, address, telephone number, and capacity, and includes the name of and date of the trust on behalf of which the trustee is authorized to act. In addition, it includes the grantee's name, address, telephone number, and vesting information. Trustees may produce a certification of trust under Miss. Code Ann. 91-8-1013 verifying the trustee's authority to enter into the transaction.

The form's granting language contains implied covenants "that the grantor was seized of an estate, free from incumbrance made or suffered by the grantor, except the rents and services that may be reserved, and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express word contained in the conveyance" (Miss. Code Ann. 89-1-41).

As with all conveyances in Mississippi, the deed requires a legal description of the property subject to the conveyance. Indexing instructions may also be required. The instrument should recite the name, address, telephone number, and bar number, if applicable, of the person who prepared the document. The trustee's signature must be witnessed in the presence of a notary public for a valid transfer.

Consult a lawyer with any questions regarding trustee's deeds in Mississippi.

(Mississippi TD Package includes form, guidelines, and completed example)

These are different form types, not alternate versions of the current form.

Quitclaim Deed 15 options

Transfer whatever interest the grantor may have, without title warranties.

Warranty Deed 4 options

Transfer property with full title warranties from the grantor.

Gift Deed

Transfer property as a gift or for nominal consideration.

Special Warranty Deed

Transfer property with warranties limited to the grantor's ownership period.

Grant Deed

Convey real property using a grant deed format where available.

Administrator Deed

Transfer estate property through an administrator.

Certificate of Trust

Certify the existence of a trust and the trustee authority to act, in place of recording the full trust. Includes certification of trust and trustee certificate formats.

Executor Deed

Transfer estate property through an executor.

Disclaimer of Interest

Formally decline or renounce an interest in property.

Important: County-Specific Forms

Our trustee deed for inter vivos trust forms are specifically formatted for each of the 82 counties in Mississippi.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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