Smith County Revocation of Transfer on Death Deed Form (Mississippi)

The following Mississippi and Smith County supplemental forms are included as a courtesy with your order:

When using these Revocation of Transfer on Death Deed forms, the subject real estate must be physically located in Smith County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Smith County include:

• Mize
• Raleigh
• Taylorsville

Use this form to revoke or partially revoke a previously recorded Revocable Transfer on Death Deed.

Section 91-27-21 - Revocation by instrument authorized; revocation by act not permitted

(a) Subject to subsections (d) and (e), an instrument is effective to revoke a recorded transfer-on-death deed, or any part of it, if the instrument:
(1) Is one (1) of the following:
(A) A subsequent transfer-on-death deed that revokes the preceding transfer-on-death deed or part of the deed expressly or by inconsistency; or
(B) Except as provided by subsection (b), an instrument of revocation that expressly revokes the transfer-on-death deed or part of the deed;
(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked; and
(3) Is recorded before the transferor's death in the official records of the chancery clerk of the county where the deed being revoked is recorded.
(b) A will does not revoke or supersede a transfer-on-death deed.
(c) If a marriage between the transferor and a designated beneficiary is dissolved after a transfer-on-death deed is recorded, a final judgment of the court dissolving the marriage operates to revoke the transfer-on-death deed as to that designated beneficiary.
(d) If a transfer-on-death deed is made by more than one (1) transferor, revocation by a transferor does not affect the deed as to the interest of another transferor who does not make that revocation.
(e) A transfer-on-death deed made by joint owners with right of survivorship is revoked only if it is revoked by all of the living joint owners.
(f) This section does not limit the effect of an inter vivos transfer of the real property.

(Mississippi Revocation of TODD Package includes form, guidelines, and completed example) For use in Mississippi only.

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