Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
1. Review the Deed and Chain of Title
Begin by obtaining a certified copy of the deed from the chancery clerk’s office in the county where the property lies. Verify how title was held:
- Was it tenancy in common or joint tenancy? Joint tenancy with right of survivorship would have automatically passed to the surviving co-owner.
- Does the deed reference a living trust or transfer-on-death deed?
2. Determine if a Trust or Beneficiary Deed Applies
If your parent placed the property into a revocable trust before death, the successor trustee may transfer title under the trust’s terms. Mississippi recognizes beneficiary deeds for real property; check for a recording of such a deed.
3. Open Probate if Necessary
If the deed lists only your parent and no trust or survivorship provision exists, the property must pass through probate. Under Miss. Code § 91-3-1, an executor or administrator is appointed. The personal representative will:
- File a petition with the chancery clerk to open the estate.
- Notify heirs and creditors.
- Inventory and appraise real property.
- Obtain court approval to distribute titled assets.
4. Apply Intestate Succession Rules
If there’s no will, Mississippi’s intestate succession statute governs distribution. Under Miss. Code § 91-1-15, the estate passes to surviving spouse and children. Typical scenarios:
- Surviving spouse and one child: Spouse receives first $100,000 plus half the balance; child receives remainder.
- No spouse, multiple children: Estate divides equally among children.
- No spouse or children: Estate passes to parents, then siblings.
5. Record the New Deed
Once the court orders distribution, the personal representative or trustee prepares a new deed conveying title to heirs or beneficiaries. Record this deed in the county land records to update ownership officially.
Helpful Hints
- Obtain multiple certified death certificates; many agencies require originals.
- Ask the chancery clerk for an estate file number to track filings.
- Consult recorded covenants or liens that may affect transfer.
- Check for outstanding mortgage or tax liens before distributing title.
- Consider hiring a real estate attorney or title company to prepare closing documents.