Probate is the court-supervised process for distributing a decedent’s assets, and it can be slow and expensive. For homeowners, a relatively new tool, the Transfer‑on‑Death (TOD) deed, offers a simple way to pass real estate directly to a beneficiary without probate.

Mississippi’s Real Property Transfer‑on‑Death Act allows owners to execute a deed now that names who will receive the property at death, while retaining full control during life.

How TOD Deeds Work

A TOD deed looks similar to a standard deed but states that the transfer does not take effect until the owner dies. During the owner’s lifetime, the beneficiary has no ownership rights. The owner may revoke the deed, sign a new one, or transfer the property to someone else.

Let’s slow down for a second. To be effective in Mississippi, a TOD deed must contain the usual elements of a recordable deed, clearly state that it is a transfer on death, and be recorded in the land records before the owner dies. If those steps are missed, the deed may fail, and the property may still go through probate.

Benefits and Limitations

A couple in their sixties might use a TOD deed to leave a modest home to a single child without setting up a trust.

Here is the part people sometimes miss: a TOD deed only transfers real estate, not vehicles, bank accounts, or personal belongings. If the owner dies with debts, creditors may still reach the property.

When more than one person is listed, they typically share ownership equally. That sounds simple, until someone wants to sell and the others don’t. Disagreements like that aren’t rare. Also, a TOD deed doesn’t let anyone manage the property if the owner becomes mentally or physically unable to. That gap can create problems down the road.

How We Can Help

Estate-planning tools are not one-size-fits-all, and rules differ by state. O’Brien Law Firm helps Mississippi clients decide whether a transfer-on-death deed fits into a broader plan or whether a will, trust, or other approach makes more sense. To talk through your options, you can call 866-934-8148 or 662-672-7619 for a confidential consultation.

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