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How do I transfer a deed in Mississippi? A processed, signed, and notarized deed must be presented to the Recorder of the Deeds in the same county of the property. Once the deed is accepted and signed, the transfer is complete.
If you have made a will or previous TOD deed that leaves the property to someone, your new TOD deed will override it. Your rights. You keep complete ownership of, and control over, the real estate while you're alive.
Wills resulting from fraud, undue influence, or duress might be invalid. This could occur in cases where the testator was under someone's care, and that caregiver becomes a primary beneficiary over the testator's other family members. Additionally, one can contest a will in cases of forgery and duplicate wills.
Though there is no deadline for filing probate in Mississippi, the court is legally allowed to compel surviving family members to present their loved one's will. In that case, you would be required to file probate within 40 days of their death.
The most common method of avoiding probate in Mississippi is by using jointly held assets that include a right of survivorship.
You can look up the deed to the property in the county chancery clerk's office or contact the Public Lands Division of the Secretary of State's Office.
Right to survivorship applies to the other owner(s). death of one of three or more joint tenants, the survivors become joint tenants of the entire interest. If divorced, the former spouses become tenants-in- common and each can sell his/her share without the other's consent.