Mississippi Quitclaim Deed: Requirements, Recording and Fees

A Mississippi quitclaim deed passes whatever estate or interest the grantor has in the land, without promising that the title is good: Miss. Code § 89-1-39 says a quitclaim "shall be sufficient to pass all the estate or interest the grantor has in the land conveyed." To protect the new owner against later buyers and creditors, the deed must be acknowledged before a notarial officer (§ 89-3-1) and recorded with the chancery clerk of the county where the land lies (§§ 89-5-1, 89-5-3).

Mississippi also sets statewide format rules for a deed's first page (§ 89-5-24) and requires the grantor's and grantee's addresses and phone numbers on the deed (§ 27-3-51). If the property is the homestead of a married owner who lives with a spouse, the spouse must sign (§ 89-1-29). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Mississippi's deed, acknowledgment and recording statutes in Title 89 of the Mississippi Code, the Revised Mississippi Law on Notarial Acts (2020), the chancery clerk recording fee in § 25-7-9, the deed address rule in § 27-3-51, the homestead exemption rules of the Department of Revenue and § 27-33-31, the Mississippi Real Property Transfer-On-Death Act, and the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting, county charges beyond those named here, mineral conveyances, or any other state's law.

What a quitclaim deed does in Mississippi

A quitclaim deed hands over whatever the grantor owns in the property at the time, and the statute stops there. The Mississippi Supreme Court quoted the rule in Hinton v. Rolison (2015):

"According to Mississippi Code Section 89-1-39, a quitclaim deed 'shall be sufficient to pass all the estate or interest the grantor has in the land conveyed.'" Hinton v. Rolison, Mississippi Supreme Court (2015)

If the grantor owns the whole property, the whole interest passes. If the grantor owns a half interest, or nothing at all, the grantee receives a half interest or nothing. Our guide to quitclaim vs. warranty deeds explains what each kind of deed promises.

Why the words in the deed matter

A deed meant to carry no warranty should not borrow warranty language. Section 89-1-33, as quoted by the Mississippi Supreme Court in T&W Homes v. Crotwell (2017), provides:

"The word 'warrant' without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of title." Miss. Code § 89-1-33, quoted in T&W Homes v. Crotwell (2017)

Deeds called quitclaims sometimes contain warranty words anyway: the 2012 quitclaim deed in Kelly v. Ocwen Loan Servicing (Miss. 2021) said the grantor did "hereby Grant, Bargain, Sell, Convey, and Warrant" to the grantee whatever interest the grantor might have. Choosing the words is a drafting question for a Mississippi lawyer. The chancery clerk's office can tell you its recording requirements but cannot give legal advice.

Signing and notarizing the deed

Mississippi records a deed that has been acknowledged. Section 89-3-1, as rewritten in 2021 (SB2638), provides:

"A document concerning real property or conveying personal property which conforms to this subsection may be recorded if it is acknowledged or proved according to law, or in the case of a document that is an affidavit, verified upon oath or affirmation." Miss. Code § 89-3-1(1)

A paper document must carry an original signature. The chancery clerk's office may refuse to record a document that does not meet § 89-3-1(1); if the clerk records it anyway, the record still gives all persons constructive notice.

The Revised Mississippi Law on Notarial Acts (House Bill 1156 of 2020, effective July 1, 2021) sets how the acknowledgment happens. Section 7 of the act requires that "the individual making the statement or executing the signature must appear physically in person before the notarial officer at the time of the notarial act." Under Sections 6 and 8, the officer must identify the signer by personal knowledge or by satisfactory evidence, such as an unexpired passport or driver's license. Bills to allow remote online notarization (HB1154 and SB2456 of 2025) died in committee.

A family member cannot notarize the deed

Family quitclaims run into this rule often. Under Section 4(2) of the Notarial Acts Act, a notary may not notarize the signature of a spouse, child, parent, sibling, grandparent, grandchild, aunt or uncle, niece or nephew, in-law, stepchild or stepparent, or half-sibling, and may not act on a record to which the notary is a party. Section 4(4) adds: "A notarial act performed in violation of subsection (2) is voidable."

The acknowledgment certificate and witnesses

Section 89-3-7(1)(a) gives a statutory acknowledgment form for natural persons, in which the officer certifies that the signer "acknowledged that (he) (she) (they) executed the above and foregoing instrument." An acknowledgment taken and certified in that form satisfies all requirements of law.

Section 89-3-1, the § 89-3-7(1)(a) form and the notarial-act sections described here call for an acknowledgment, not subscribing witnesses. The 2020 act also repealed, effective July 1, 2021, the old list of officers who could take acknowledgments (§ 89-3-3) and the procedure for proving a deed when no grantor or witness was available (§ 89-3-15), so older guides that cite those sections are out of date.

First-page format and the information the deed must show

Section 89-5-24(1) sets format standards for documents recorded in Mississippi:

• pages printed on one side and not bound;
• font of at least 10 point, and legible;
• white paper of at least 20-pound weight;
• signatures in black or blue ink, with the signer's name typed, printed or stamped beneath (leaving the name off does not invalidate the document); and
• a 3-inch top margin on the first page, reserved for the recorder, and margins of at least 3/4 inch elsewhere.

Under § 89-5-24(2), if a document contains any of the following information, it must appear on the first page below the 3-inch margin: "the name, physical business mailing address and business or employment telephone number of the individual who prepared the document; and the name, mailing address and telephone number of every grantor, grantee, borrower, beneficiary, trustee or other party to the instrument." The same placement rule covers a return address, the document's title, any address and phone number § 27-3-51 requires, and "the legal description of the property or indexing instruction per Section 89-5-33(3)," continuing onto later pages if needed.

A document that does not conform can still be recorded for an additional $10 if it is dated on or after July 1, 2009 (§ 89-5-24(4)), and § 89-5-24(5) provides: "Failure to conform to the format standards specified in this section does not affect the validity or enforceability of the document or instrument." Exempt documents include those executed before July 1, 2009, foreign-executed documents, certified court or agency copies, and documents where an original party is deceased or incapacitated (§ 89-5-24(3)).

Section 27-3-51(2) separately requires the current mailing address and current business or employment and residential phone numbers, if any, of each grantor and grantee on every deed as a condition of filing. If the grantee receives mail at the property being transferred, that address serves. The information is given under penalty of perjury. "The chancery clerk may refuse to accept delivery of any deed for filing that does not contain on the deed the information required in this section," although an inaccuracy does not invalidate the deed or its filing.

Counties add their own practices on top of the statute. The Harrison County Chancery Clerk, for example, posts a "New Deed Formatting" document and a fee calculator, so check your county clerk's page before you file.

Does a spouse have to sign a Mississippi quitclaim deed?

For a homestead, yes. Under § 89-1-29, a conveyance of a homestead that is exempt from execution is not valid or binding unless the owner's spouse signs, if the owner is married and living with the spouse. The spouse may sign through an attorney in fact, but a power of attorney used to convey the homestead must name someone other than the spouse.

The Mississippi Supreme Court applied this rule in Kelly v. Ocwen Loan Servicing (2021), affirming that a homestead conveyance to a third party without the other spouse's joinder was void:

"if a spouse desires to convey homestead property to a third party, then both spouses must join in that conveyance." Kelly v. Ocwen Loan Servicing, Mississippi Supreme Court, No. 2020-CA-01217-SCT (2021)

The court also noted that a spouse may convey a homestead interest to the other spouse without both joining, which matters for a quitclaim between spouses, including one made as part of a divorce. For the divorce process itself, see our guide to Mississippi divorce laws.

Section 89-5-8(3) gives a spouse who is not on title another route in the situations the statute covers, such as when the couple jointly occupies a new homestead or has voluntarily and permanently separated: instead of joining in the deed, the nontitled spouse may record an affidavit of nonhomestead. Under § 89-5-8(4), "a person who knowingly makes or causes to be made a false statement in an affidavit is guilty of perjury," and may owe actual and punitive damages.

Recording with the chancery clerk

In Mississippi, deeds are recorded with the clerk of the chancery court of the county where the land lies (§§ 89-5-1, 89-5-3). In Harrison County, for example, the Chancery Clerk's Recording Department "records all real estate transactions such as all types of Deeds, Deeds of Trust, Assignments, Releases and Partial Releases of Mortgages."

Recording protects the new owner's priority. Under § 89-5-1, a conveyance is not good against a purchaser for valuable consideration without notice, or any creditor, until it is lodged with the chancery clerk, and priority runs from the time of filing. Section 89-5-3 makes an unrecorded conveyance void as to creditors and later purchasers for value without notice, unless it is acknowledged or proved and lodged for record, but it adds:

"But as between the parties and their heirs, and as to all subsequent purchasers with notice or without valuable consideration, said instruments shall nevertheless be valid and binding." Miss. Code § 89-5-3

Both sections begin with an exception for §§ 89-5-101 through 89-5-113. To search what is already on record for a property, see our guide to Mississippi property records.

Recording fees

As of 2026-10-10, § 25-7-9(1)(b) sets the chancery clerk's fee for recording "each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document" at $25.00 for the first five pages and $1.00 for each additional page, with $1.00 for a certified copy. That schedule took effect July 1, 2024 (Senate Bill 2792 of 2024), and the version taking effect January 1, 2028 keeps the same recording line. A nonconforming document adds $10 (§ 89-5-24(4)).

The statute also lists a separate $1.00 archive fee. A fee schedule effective January 1, 2020, published by Prentiss County and citing § 25-7-9, lists "Warranty, Timber, Quitclaim, Trustee's Deeds" at $25.00 in counties that do not collect the archive fee and $26.00 in counties that do, for the first five pages including indexing, and names nine counties that did not collect it: Covington, George, Itawamba, Kemper, Leflore, Sharkey, Stone, Tunica and Webster. The same sheet lists mineral stamp fees under § 27-31-79 when minerals are conveyed. Confirm the total with your county chancery clerk before you file.

Electronic recording

Mississippi has adopted the Uniform Real Property Electronic Recording Act (Article 3, Chapter 5, Title 89), and § 89-3-1 recognizes documents with electronic signatures that comply with it. Electronic recording is offered county by county, so ask your chancery clerk whether it accepts electronic filings. Under § 89-3-1(2), a clerk may also accept a paper printout of an electronic document if an attorney or the document's custodian certifies, in a notarized certificate, that it is a true and correct copy; that route does not apply to maps or plats.

Fixing a mistake after recording

Section 89-5-8(2) allows a typographical or other minor error in a recorded title document to be noticed by recording an affidavit of scrivener's error. "An affidavit under this paragraph (a) may be prepared only by an attorney licensed to practice law in this state," or by a retired attorney who was in good standing when the document was recorded; House Bill 1343 of 2024 added that route for retired attorneys.

Is there a transfer tax on a Mississippi quitclaim deed?

The Mississippi Department of Revenue's overview of the state's tax structure lists the taxes, fees and permits it administers, including income, sales and use, property, estate, severance and statewide privilege taxes, and none of them is a real estate transfer or deed tax. The recording charge in § 25-7-9 is a flat per-page clerk's fee, not a tax figured on the property's value. County fee sheets list mineral stamp fees under § 27-31-79 when minerals are conveyed.

Under § 27-3-51(3), the Commissioner of Revenue "or his designees are hereby authorized to verify sales data regarding the transfer of real property by obtaining such information from the grantor or grantee." Ask the chancery clerk whether your county wants anything filed with the deed beyond the deed itself.

Property tax and the homestead exemption after a quitclaim

A quitclaim can end an existing homestead exemption and require a new application. The Department of Revenue says an owner already receiving the exemption does not refile unless the property description, ownership, use or occupancy has changed since January 1 of the preceding year, and it warns:

"Marriage, divorce, remarriage, death, deed changes, change of eligibility status for disability benefits or Veterans Affairs benefits, and many other events, can trigger the need to reapply for homestead exemption." Mississippi Department of Revenue, Homestead Exemption

To qualify for a year, the applicant must own and occupy the home on January 1, with the ownership instrument filed with the chancery clerk before January 7, and must apply with the county tax assessor between January 1 and April 1. The timing of recording around January 1 can therefore affect the year in which the new owner can apply. The Lauderdale County Assessor's handout, for example, lists "NEW DEED PUT ON RECORD. (Changing Title on Deed, Life Estate, Trust, etc..)" among the changes that require reapplying.

Senate Bill 2882 of 2026 (approved March 30, 2026, effective January 1, 2026) amended § 27-33-31(1)(a) so that "the requirement to file a new application for homestead exemption shall not apply to any conveyance of homestead property whereby the grantor reserves a life estate interest in the property." Two other 2026 acts, House Bills 1380 and 1385 (effective July 1, 2026), also amend § 27-33-31, so confirm the current rule with your county tax assessor before relying on the life-estate exception.

The Department of Revenue's property tax FAQ says county tax assessors appraise property at true value and "must revalue real property at least once every four years." It does not describe a reassessment triggered by a change of ownership.

A quitclaim deed does not change the mortgage

A deed changes who owns the property. It does not change who owes the loan. A borrower is released only by the lender: under 12 CFR 191.5(b)(4), when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, "a lender shall release the existing borrower from all obligations under the loan instruments."

If the mortgage has a due-on-sale clause, federal law limits a lender's use of it for certain transfers of residential real property with fewer than five dwelling units (12 U.S.C. § 1701j-3(d)), including a transfer where the borrower's spouse or children become owners and a transfer on the death of a joint tenant. The regulation, 12 CFR 191.5(b), applies these limits to a loan on a home the borrower occupies or will occupy. It covers a transfer to a spouse or child, or a transfer under a divorce decree, legal separation agreement or property settlement, only where the new owner occupies or will occupy the home. It covers a transfer into a living trust only where the borrower "is and remains the beneficiary and occupant of the property," unless the borrower refuses to give the lender reasonable means of getting timely notice of a later transfer or change in occupancy (12 CFR 191.5(b)(1)(vi)).

A lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). A transfer to a sibling, friend or business is not on the list. Read the loan documents and talk to the loan servicer before signing.

Federal gift tax

A deed given for less than full value can be a gift for federal tax purposes. The IRS says, "The gift tax applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient, the donor is generally responsible for paying any gift tax, and the recipient's basis in gifted property is generally the same as the donor's. A tax professional can explain how this applies to a particular gift.

Deed fraud protections

A statewide alert requirement was proposed but did not pass. The 2026 "Mississippi Deed Fraud Prevention Act" (Senate Bill 2751), which would have let a chancery clerk refuse a suspicious document and required every chancery clerk to run a free property-alert system by January 1, 2028, died in committee on February 3, 2026. Some counties offer alerts on their own; the Harrison County Chancery Clerk, for example, lists a "Fraud Alert Service" beside its Land Records Online search.

The safeguards in current law are the notarial rules described above: the signer must appear in person, the notary must check identity, and a notary may not act for a relative. The FBI's Internet Crime Complaint Center advises property owners to check whether their county recording office offers a notification service that sends an email or text when a document is recorded in their name.

Transfer-on-death deeds

Mississippi allows transfer-on-death deeds under the Mississippi Real Property Transfer-On-Death Act (Senate Bill 2851 of 2020, effective July 1, 2020, codified at § 91-27-1 and following). Under the enrolled act, "an individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer-on-death deed."

The deed is signed and acknowledged under the Title 89, Chapter 3 rules, with no will formalities (§ 91-27-11). It must be a recordable deed, state that the transfer occurs at death, and be recorded with the chancery clerk before the owner dies (§ 91-27-17). No notice, acceptance or consideration is needed (§ 91-27-19), and it is revoked by a recorded instrument, not by a will (§ 91-27-21). During the owner's life it does not affect the owner's right to sell or mortgage the property, homestead rights or property tax exemptions, and it is not a due-on-sale trigger (§ 91-27-23). A later recorded conveyance of the property voids it (§ 91-27-25). An agent under a power of attorney may sign one only if the power of attorney specifically authorizes it (§ 91-27-15).

Unlike a quitclaim, which transfers ownership now, a transfer-on-death deed passes the property only at death. For property of an owner who has already died, see our guide to Mississippi probate.

Bills that did not become law

Several recent bills touching deeds died and are not law:

• House Bill 960 (2026), which would have required recorded documents to be in English, died in committee on February 3, 2026;
• Senate Bill 2751 (2026), the Mississippi Deed Fraud Prevention Act, died in committee on February 3, 2026;
• House Bill 1566 (2025), which would have required verification of a valid telephone number at recording, died in committee on February 4, 2025; and
• House Bill 1154 and Senate Bill 2456 (2025), on remote online notarization, died in committee.

Common misconceptions

• "An unrecorded quitclaim deed is void." Under § 89-5-3, it stays valid and binding between the parties and their heirs and against later purchasers with notice or without value. It is void only against creditors and later purchasers for value without notice.
• "One spouse can quitclaim the family home to a third party alone." If the property is the homestead of a married owner living with a spouse, § 89-1-29 requires the spouse's signature, and Kelly v. Ocwen treated a conveyance without it as void. A conveyance from one spouse to the other does not need both to join.
• "Any family member can notarize a quitclaim." A notary may not act for a listed relative or when the notary is a party, and an act in violation is voidable (Notarial Acts Act, Sec. 4(2), (4)).
• "A quitclaim guarantees good title." It passes only the interest the grantor has (§ 89-1-39). A deed that says "warrant" brings in the five common-law covenants (§ 89-1-33).
• "Signing a quitclaim takes me off the mortgage." It does not; only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Mississippi property records
• Quitclaim vs. warranty deed
• Mississippi divorce laws
• Mississippi probate

Disclaimer: This article provides general legal information about Mississippi quitclaim deeds under Titles 25, 27, 89 and 91 of the Mississippi Code, the Revised Mississippi Law on Notarial Acts and the federal rules noted, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact your county chancery clerk (who cannot give legal advice), a legal aid office, or a lawyer licensed in Mississippi.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in Mississippi?

Sign the deed in person before a notarial officer who acknowledges it (§ 89-3-1), make sure the first page meets § 89-5-24 and shows the grantor's and grantee's addresses and phone numbers (§ 27-3-51(2)), then record it with the chancery clerk of the county where the land lies (§§ 89-5-1, 89-5-3).

Does a quitclaim deed need to be notarized in Mississippi?

To be recorded, yes: § 89-3-1 lets a real property document be recorded if it is acknowledged or proved according to law, and the clerk may refuse one that is not. The signer must appear physically in person before the notarial officer (Notarial Acts Act, Sec. 7).

Does a Mississippi quitclaim deed need witnesses?

Section 89-3-1 and the statutory acknowledgment form in § 89-3-7(1)(a) call for an acknowledgment, not subscribing witnesses. Ask the chancery clerk or a Mississippi lawyer if the deed cannot be acknowledged.

Can a family member notarize a quitclaim deed in Mississippi?

No. Under Section 4(2) of the Revised Mississippi Law on Notarial Acts, a notary may not act for a spouse or a listed relative, or on a record to which the notary is a party, and a notarial act in violation is voidable (Sec. 4(4)).

How much does it cost to record a quitclaim deed in Mississippi?

As of 2026-10-10, § 25-7-9(1)(b) sets $25.00 for the first five pages and $1.00 for each additional page. County fee sheets show $26.00 in counties that collect a $1.00 archive fee, and a document that does not meet the § 89-5-24 format standards costs $10 more.

Do you pay transfer tax on a quitclaim deed in Mississippi?

The Department of Revenue's list of the taxes it administers includes no real estate transfer or deed tax. The cost at recording is the chancery clerk's fee under § 25-7-9, and county fee sheets add mineral stamp fees under § 27-31-79 only when minerals are conveyed.

Does my spouse have to sign a quitclaim deed in Mississippi?

For a homestead of a married owner living with a spouse, yes: § 89-1-29 makes the conveyance invalid without the spouse's signature, and Kelly v. Ocwen (2021) affirmed that a homestead conveyance to a third party without it was void. A conveyance from one spouse to the other does not need both to join.

Does a quitclaim deed remove me from the mortgage?

No. The deed changes ownership, not the loan; under 12 CFR 191.5(b)(4), a borrower is released when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Do I need to reapply for the homestead exemption after a quitclaim in Mississippi?

Often. The Department of Revenue lists deed changes among the events that can trigger a new application, filed with the county tax assessor between January 1 and April 1; since 2026, § 27-33-31(1)(a) excepts a conveyance in which the grantor reserves a life estate.

Does Mississippi have a transfer-on-death deed?

Yes. The Mississippi Real Property Transfer-On-Death Act (§ 91-27-1 and following, effective July 1, 2020) allows one, but it must be recorded with the chancery clerk before the owner dies (§ 91-27-17) and passes the property only at death.