Foxworth, MS asked in Estate Planning, Real Estate Law, Tax Law and Probate for Mississippi

Q: What type of new Deed transfers property from an Administratrix Deed in MS? After Death, but with Judge's Orders?

Because i still need to transfer title after filing Affadavit To Heirship(?)


1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.

First, ensure that you've filed the Affidavit of Heirship as required by Mississippi law. This document establishes the heirs' rights to the property. Once the Affidavit is in place and the judge's orders are obtained, you can proceed with the property transfer.

For a straightforward transfer of ownership without warranties, you can use a Quitclaim Deed. This type of deed transfers the interest of the administratrix (or executor) to the heirs without making any guarantees about the property's title. It's often used in family transfers or situations where the property's history is well-known and there are no concerns about title issues.

Alternatively, if you want to provide more protection and warranties regarding the property's title, you can use a Warranty Deed. This type of deed guarantees that the title is clear of any encumbrances, except those specifically mentioned in the deed. It offers a higher level of protection but may require additional documentation and title research.

To ensure a smooth transfer, consult with a real estate attorney in Mississippi who can guide you through the specific requirements, draft the appropriate deed, and help you navigate the legal process to transfer the property with the judge's orders in place.

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