To complete a Mississippi quitclaim deed form, you fill in the grantor and grantee information, a full legal description of the property, an indexing instruction, and the vesting language if more than one person is taking title; the grantor (and the grantor’s spouse, if the property is a homestead) then signs before a notary, and you record the original with the Chancery Clerk in the county where the property sits. The deed transfers only whatever interest the grantor actually holds, with no promise the title is clean.1Justia. Mississippi Code 89-1-39 – Effect of Quitclaim and Release That makes the form a good fit for transfers between family members, moves into a living trust, or clearing someone’s potential claim off a title, and a poor fit for arm’s-length sales.
What You Need Before You Start Writing
Names and Addresses That Match the Prior Deed
Collect the full legal names and mailing addresses of every grantor and every grantee. Use the names exactly as they appear on the current deed of record. A mismatch between, say, “Robert J. Smith” on the old deed and “Bob Smith” on the new one breaks the chain of title and will be flagged by the next title company that looks at the property.
Mississippi Code § 89-5-24 requires the first page of the deed to show the name, physical business mailing address, and telephone number of the person who prepared the document, along with the name, address, and telephone number of every grantor and grantee.2Justia. Mississippi Code 89-5-24 – Form of Certain Documents or Instruments Presented for Recording A return address also goes on the first page so the clerk knows where to mail the deed after recording.
The Legal Description
A street address is not a legal description. You need the metes-and-bounds narrative, the lot-and-block reference within a platted subdivision, or the government survey description with section, township, and range. Copy it verbatim from the most recent recorded deed, which you can pull from the Chancery Clerk’s office. If the description is unclear or the parcel has been subdivided, hire a licensed surveyor to prepare a current one. A sloppy description is the fastest way to create a defect that later needs a corrective deed.
The Indexing Instruction
Mississippi Code § 89-5-33 requires most deeds to carry an indexing instruction, set apart from the body of the text, that identifies the section, township, and range along with the quarter section or governmental lot. The clerk can refuse a deed that leaves this out. If the property is described by reference to an officially platted subdivision or a commonly used survey, you do not need a separate indexing instruction — the clerk indexes it under that subdivision or survey instead.3Justia. Mississippi Code 89-5-33 – General Index; Direct and Reverse
A Statement of Consideration
Mississippi does not strictly require the deed to recite what the grantee paid, but it is standard to include nominal consideration. The usual phrasing on a family quitclaim is “$10.00 and other good and valuable consideration.” Including it helps show the transfer was intentional if the deed is ever challenged.
How Co-Owners Should Take Title
If more than one grantee will own the property, the deed has to say how. Mississippi defaults to tenancy in common, meaning each co-owner holds a separate fractional share that passes through their estate at death. To create a right of survivorship so the surviving owner inherits automatically, the deed must say so explicitly, with language like “as joint tenants with right of survivorship and not as tenants in common.” Vague wording will be read as tenancy in common, and the deceased owner’s share will land in probate.4Justia. Mississippi Code 89-1-7 – Estate in Two or More Persons
You can also convey property from yourself to yourself and another person in a single quitclaim — for example, a parent adding an adult child to the title. The statute specifically permits conveyances “from the owner or owners to himself, themselves or others, or to himself, themselves and others.”
If the Property Is Your Homestead, Your Spouse Must Sign
This is the rule people most often miss. Under Mississippi Code § 89-1-29, a deed transferring homestead property is not valid unless both spouses sign it, even when only one spouse holds title. The statute voids any conveyance, mortgage, or other encumbrance on an exempt homestead that lacks the non-owner spouse’s signature, as long as the couple is married and living together. If the property is your primary residence and you are married, your spouse must sign the quitclaim as a grantor or at least join in the conveyance. A missing signature does not just create a risk — it voids the transfer from the start.
Formatting the Clerk Will Accept
You can get a blank quitclaim form from the local Chancery Clerk, from an attorney, or through a reputable legal document provider. Mississippi Code § 89-5-24 sets specific formatting rules for anything submitted for recording:2Justia. Mississippi Code 89-5-24 – Form of Certain Documents or Instruments Presented for Recording
- The first page must leave at least three inches of blank space at the top for the clerk’s recording stamp.
- All text must be at least ten-point type. If the document contains smaller type, you have to submit a conforming copy alongside it.
- Below the three-inch margin on the first page, include the preparer’s name, physical business address, and telephone number; the names, addresses, and phone numbers of every grantor and grantee; and a return address.
Deeds that miss these requirements can be rejected outright. If the clerk does accept a nonconforming deed, an additional recording surcharge may apply. Check the layout before you leave for the courthouse.
Signing and Notarization
The grantor signs in the presence of a notary public. Mississippi requires the signer to appear in person — the state does not currently authorize remote online notarization for real property deeds.5Land Title Association of Mississippi. New Law: Revised Mississippi Law on Notarial Acts The notary verifies identity, confirms the signature is voluntary, and attaches an acknowledgment with an official seal. An unnotarized deed will not be recorded.6Mississippi Secretary of State. Notary Rules and Regulations When a spouse has to join because the property is a homestead, both signatures are notarized.
Recording the Deed with the Chancery Clerk
Take the signed, notarized original to the Chancery Clerk’s office in the county where the property is located. You can file in person or mail it with the recording fee enclosed. Most clerks will not record a photocopy, and the deed has to carry all required signatures, the notary’s acknowledgment, and the formatting elements above.
Mississippi Code § 25-7-9 sets the base recording fee at $25 for the first five pages and $1 for each additional page.7Justia. Mississippi Code 25-7-9 – Clerks of the Chancery Court Some counties charge slightly more. Oktibbeha and Pearl River counties, for example, charge $26 for the first five pages.8Oktibbeha County, MS. Record Filing Fees Call ahead or check the county website so your deed is not returned for a short payment. Mississippi has no state-level real estate transfer tax, so the recording fee is your only cost at the clerk’s window.
After indexing, the clerk mails the original back to the return address on the first page. Keep it with your other title documents in a safe place.
Federal Gift Tax When You Transfer for Less Than Value
A quitclaim that transfers property for less than fair market value — which covers most family transfers — can be treated by the IRS as a taxable gift. For 2026, the annual gift tax exclusion is $19,000 per recipient, so a transfer worth up to that amount triggers no reporting at all.9Internal Revenue Service. Gifts and Inheritances Transfers between spouses who are both U.S. citizens are exempt regardless of value.
If the fair market value exceeds $19,000, the grantor files IRS Form 709 for that tax year. Filing does not necessarily mean you owe tax; the excess counts against your lifetime gift and estate tax exemption, which is $15,000,000 for 2026.10Internal Revenue Service. What’s New – Estate and Gift Tax Most people never owe gift tax, but skipping a required Form 709 creates problems later.
Mistakes That Get the Deed Rejected or Voided
- Missing a spouse’s signature on a homestead deed. Under § 89-1-29 the transfer is void, not voidable, and only a new deed signed by both spouses fixes it.
- Omitting the indexing instruction required by § 89-5-33 when the property is not described by a platted subdivision reference.
- Grantor name on the new deed that does not match the name on the prior recorded deed, which breaks the chain of title and later needs a corrective deed or affidavit of identity.
- Using a street address or an incomplete metes-and-bounds description instead of copying the full legal description from the most recent recorded deed.
- Formatting failures: a first-page top margin under three inches, type smaller than ten-point, or a missing preparer statement.
Correcting any of these after recording usually means drafting and recording a corrective deed, which doubles your recording costs and delays the transfer. A careful review before you sign is cheaper than fixing it twice.