What information and documentation are required to verify all individuals with an interest in real property in MS? | Mississippi Estate Planning | FastCounsel
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What information and documentation are required to verify all individuals with an interest in real property in MS?

August 5, 2025 3 min read

Detailed Answer

To confirm every person or entity with an interest in Mississippi real estate, you must gather and review specific records. Start with a complete title search of the chain of title through the county Chancery Clerk’s office. Mississippi requires that all conveyances affecting real property be recorded in the county where the land lies. See Miss. Code Ann. § 89-1-7 for recording rules (law.justia.com).

  • Recorded Deeds and Conveyances: Certified copies of all deeds, mortgages, liens, easements, and releases. Note grantor/grantee names, legal descriptions, dates, and recording book/page or instrument numbers.
  • Legal Description: Ensure the exact metes and bounds or lot and block citation matches the current property survey.
  • Ownership Entities: For corporations, LLCs, or partnerships, get a Certificate of Good Standing and a certified corporate resolution or operating agreement showing authorized signatories.
  • Trusts and Estates: Provide the full trust agreement or letters of administration and, if necessary, court orders naming personal representatives.
  • Power of Attorney: If an agent signs, include a duly executed durable power of attorney. Verify that it remains in effect and has been recorded if required.
  • Proof of Identity and Marital Status: Government-issued IDs for individuals; marriage licenses or divorce decrees when spousal signatures may be required under Miss. Code Ann. § 93-3-1.
  • Affidavits for Lost Instruments: If any recorded document is missing, obtain an affidavit under Miss. Code Ann. § 53-5-1 (law.justia.com).
  • Tax and Judgment Searches: Check county tax records for unpaid property taxes and circuit clerk records for judgments or divorces that could cloud title.

Once you collect and verify these documents, you can prepare a title opinion or commitment. Typically, a licensed title company or real estate attorney conducts this process to ensure no gaps or undisclosed interests exist.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Mississippi real estate attorney to address your specific situation.

Helpful Hints

  • Obtain a recent certified land survey to confirm boundaries match recorded descriptions.
  • Use the county Chancery Clerk’s online search portal to pull instrument images before visiting in person.
  • Verify corporate and LLC records with the Mississippi Secretary of State’s office (corp.sos.ms.gov).
  • Request updated tax certificates to confirm there are no delinquent taxes.
  • Check for uniform commercial code (UCC) filings that may indicate personal property liens against individuals associated with the property.
  • Keep track of recording deadlines; Mississippi imposes a one-year and one-day statute for contesting unrecorded interests under Miss. Code Ann. § 89-1-13.
  • Consider title insurance to protect against undiscovered defects in the chain of title.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.