In 2020, Mississippi enacted the transfer on death act that allows real estate to transfer on the death of the owner to persons designated in the deed.

An owner can transfer to beneficiaries’ real property by executing and recording a transfer on death deed. The deed does not take effect until the owner dies.

The owner can revoke a transfer on death deed at any time.

An agent appointed in a power of attorney cannot executed a transfer on death deed unless the power of attorney contains provisions specifically authorizing it.

The deed is prepared like a regular deed with additional provisions.  It must provide that the transfer to the named beneficiaries at the death of the grantor and must be recorded before the grantor dies.

No notice is required to the named beneficiaries.

Inconsistent provisions in a Will do not control over a transfer on death deed.

If the grantor and beneficiary are married and there is a subsequent divorce, then the final judgment automatically revokes the deed as it relates to said beneficiary.

If there is more than one grantor, a revocation by one grantor does not revoke as to the other grantor.

If the property is owned as joint tenants with right of survivorship, both owners must revoke for a revocation to be effective.

A transfer on death deed does not affect the rights of an owner of property in any respect.  For example, the owner can still transfer or mortgage the property, homestead rights are not changed, nor ad valoren taxes, trigger a due on sale clause in a mortgage, and does not establish any right in the beneficiary during the life of the grantor.

The grantor can sell the property after recording the TOD deed and when done the TOD deed is void.

If the property is owned by parties as joint tenants with rights of survivorship, if one owner dies, the surviving joint owner will own the property. If the owner is the surviving joint tenant, a TOD deed can then be effective. This means that if there is a TOD deed filed by joint tenants with rights of survivorship, it is not effective until the last joint tenant dies. The last surviving joint tenant can revoke the deed in accordance with law.

If the beneficiary does not survive the grantor, the transfer to the beneficiary lapses.

When the property transfers to the beneficiary, the beneficiary takes the property subject to all loans, liens and other encumbrances.

A beneficiary in a TOD deed may disclaim his or her interest in accordance with disclaimer procedures.

An example of a TOD deed follows:

REVOCABLE TRANSFER-ON-DEATH DEED

NOTICE TO OWNER

You should carefully read all information on the other side of this form. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.

This form must be recorded before your death, or it will not be effective.

IDENTIFYING INFORMATION

Owner or Owners Making This Deed:

Printed name	Mailing address
Printed name	Mailing address

 

Legal description of the property: __________

PRIMARY BENEFICIARY

I designate the following beneficiary if the beneficiary survives me.

Printed name

Mailing address, if available

 

ALTERNATE BENEFICIARY – Optional

If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.

Printed name

Mailing address, if available

 

TRANSFER-ON-DEATH

At my death, I transfer my interest in the described property to the beneficiaries as designated above.

Before my death, I have the right to revoke this deed as set forth in Section 97-27-21, Mississippi Code of 1972.

SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED

Signature	Date
Signature	Date

 

ACKNOWLEDGMENT

(insert acknowledgment for deed here)

A sample revocation of the deed follows:

REVOCATION OF TRANSFER-ON-DEATH DEED

NOTICE TO OWNER

This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.

IDENTIFYING INFORMATION

Owner or Owners of Property Making This Revocation:

Printed name	Mailing address
Printed name	Mailing address

 

Legal description of the property: __________

REVOCATION

I revoke all my previous transfers of this property by transfer-on-death deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION

Signature	Date
Signature	Date

 

ACKNOWLEDGMENT

(insert acknowledgment here)