Mississippi Warranty Deed - From Widow or Widower
What is this form?
The Warranty Deed - From Widow or Widower is a legal document used to transfer ownership of real estate from a surviving spouse. This form serves as proof of transfer and helps clarify ownership rights following the death of one spouse. Unlike other types of deeds, this specific warranty deed ensures that clear title is conveyed, protecting the grantee against future claims on the property.
Key parts of this document
- Preamble: Identifies the grantor (the widow or widower) and grantee (the recipient of the property).
- Legal Description: Detailed description of the property being transferred.
- Consideration: The amount paid or agreed upon for the property transfer.
- Warranties: Guarantees provided by the grantor about the title to the property.
- Signature: Space for the grantor to sign and date the document.
When to use this form
This form is typically used when a widow or widower wishes to transfer real estate that was held jointly by spouses. It is often required during estate settlements or when selling or transferring property that was owned before a spouse's death.
Who can use this document
- Surviving spouses who need to transfer property ownership.
- Executors or administrators of an estate handling property after a spouse's death.
- Anyone involved in a real estate transaction where a surviving spouse is the grantor.
Steps to complete this form
- Identify the parties: Enter the names and addresses of the grantor and grantee.
- Specify the property: Provide a detailed legal description of the property being transferred.
- Enter consideration: Indicate the amount agreed upon for the property transfer.
- Review warranties: Ensure all warranties and representations are accurately stated.
- Sign and date: The grantor must sign the form in the presence of a notary, if required.
Notarization requirements for this form
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Common mistakes
- Failing to include a complete legal description of the property.
- Not obtaining a signature from a notary when required.
- Leaving out consideration details, which may cause confusion during the transfer.
Advantages of online completion
- Convenience of accessing and completing the form from home.
- Editable templates that can be tailored to fit specific needs.
- Reliability of having documents reviewed by licensed attorneys.
State law considerations
This Warranty Deed is formatted to meet Mississippi's legal standards. When using this form, ensure compliance with local laws regarding property transfers and any associated filing requirements.
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FAQ
To transfer it, you will have to get a succession certificate (for moveable property) and a letter of administration (for Immoveable property). While doing so, get the son and daughter to give no objections in court that they have no objection if all the property is transferred to the widow.
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