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Inherited a Property in Mississippi? Here's What You Need to Know
Published by Press Forward Properties | Serving Hattiesburg and Surrounding Areas
Inheriting a home can feel like a blessing and a burden at the same time. One moment you're grieving the loss of someone you love — a parent, a grandparent, a sibling — and the next you're being handed a set of keys and a list of decisions you weren't prepared to make.
What do you do with the property? What if there's a mortgage on it? What if there are other heirs? What if the home needs repairs you can't afford? What if there are back taxes owed?
These are the questions we hear most often from families in the area, and the truth is — there are no one-size-fits-all answers. But there is a clear process, and understanding it early can save you time, money, and a significant amount of stress.
This guide is designed to walk Mississippi heirs through the key steps and decisions involved in handling an inherited or estate property.
Step 1: Understand How the Property Was Titled
Before you can do anything with an inherited property, you need to know how the deceased owner held title. This determines how ownership transfers and what legal steps are required.
Joint Tenancy with Right of Survivorship If the property was co-owned with a right of survivorship — common between spouses — ownership passes automatically to the surviving co-owner without going through probate. A death certificate and an affidavit are typically all that's needed to update the title.
Tenancy in Common If the deceased owned a share of the property with others (and there was no survivorship clause), their share passes through their estate — which usually means probate.
Sole Ownership If the deceased owned the property alone, it must go through the estate process before it can be transferred to heirs.
Living Trust If the property was held in a revocable living trust, it transfers to the named beneficiaries according to the trust document — bypassing probate entirely.
If you're unsure how the property was titled, the deed on file with the county chancery clerk's office will tell you. In Mississippi, property records are maintained at the county level.
Step 2: Go Through the Probate Process (If Required)
Probate is the legal process by which a deceased person's estate is settled — debts are paid, and assets are distributed to heirs. In Mississippi, if the property was solely owned by the deceased and there was no trust, probate is almost always required before the property can be legally transferred or sold.
How Mississippi Probate Works
Probate in Mississippi is handled through the Chancery Court in the county where the deceased lived. The general process looks like this:
A petition is filed to open the estate
The court appoints an executor (if named in the will) or an administrator (if there is no will)
The estate is inventoried and debts are paid
Remaining assets, including real property, are distributed to heirs
The estate is closed
How Long Does It Take? A straightforward probate in Mississippi can take anywhere from six months to a year or more, depending on the complexity of the estate, whether there is a will, and whether heirs are in agreement. Contested estates can take significantly longer.
What Does It Cost? Probate involves court filing fees, attorney's fees, and executor fees. Costs vary, but it is not uncommon for probate to cost several thousand dollars for a modest estate.
Do You Need an Attorney? In most cases, yes — especially when real property is involved. An estate attorney can help you navigate the process correctly and avoid costly mistakes.
Step 3: Address the Mortgage (If There Is One)
Many inherited properties come with an existing mortgage. Here's what you need to know.
The Due-on-Sale Clause Most mortgages contain a due-on-sale clause, which technically allows the lender to demand full repayment when ownership changes. However, federal law — specifically the Garn-St. Germain Depository Institutions Act — provides important protections for heirs. If you inherit a home from a relative, the lender generally cannot enforce the due-on-sale clause and demand immediate repayment, giving you time to decide what to do with the property.
Assuming the Mortgage In many cases, an heir can assume the existing mortgage and continue making payments. Contact the lender early to notify them of the death and ask about the assumption process.
If the Mortgage Is Underwater If the home is worth less than what is owed on the mortgage, you are not personally responsible for the difference — you can choose to walk away from the inheritance without taking on the debt. However, this should be done carefully and with legal guidance.
Reverse Mortgages If the deceased had a reverse mortgage, this requires immediate attention. Reverse mortgages typically become due in full when the borrower passes away. Heirs usually have six months (with possible extensions) to either pay off the loan, refinance, or sell the property. Missing this window can result in the lender initiating foreclosure. Contact the loan servicer as soon as possible.
Step 4: Deal With the Property Taxes
Ownership of inherited property comes with the responsibility for property taxes — including any that may have gone unpaid before the owner died.
Check with the county tax collector to confirm:
Whether current taxes are up to date
Whether there is any delinquent tax balance
Whether the property qualifies for a homestead exemption going forward (if you plan to live there)
Delinquent taxes must be addressed as part of settling the estate. If you plan to keep or sell the property, a clean tax record is essential.
Step 5: Assess the Condition of the Property
Before making any major decisions, walk through the property carefully — or have a trusted contractor do so — and get a realistic picture of its condition. Look for:
Roof condition and water damage
HVAC, plumbing, and electrical systems
Foundation issues
Pest or mold problems
General deferred maintenance
Understanding what repairs are needed (and what they'll cost) is critical information whether you plan to move in, rent, or sell. Many inherited homes have been lived in by elderly owners for decades and may need significant maintenance and updating.
Step 6: Decide What to Do With the Property
Once the estate is in order and you have a clear picture of the property's condition and finances, you'll face the big question: what do you actually do with it?
Here are the three most common paths families take.
Option A: Keep the Property and Move In
If the home is in a location that works for you and the financials make sense, moving in is a meaningful option — especially if the property has sentimental value or is free and clear of debt.
Before deciding, make sure you can realistically afford:
Any remaining mortgage payments
Property taxes going forward
Insurance
Ongoing maintenance and repairs
If the home needs significant work, factor in those costs before committing.
Option B: Rent the Property
Turning an inherited home into a rental can generate monthly income while preserving the property for future generations. This can be a smart long-term strategy — but it comes with responsibilities.
Being a landlord means handling tenant screening, leases, maintenance calls, and compliance with Mississippi landlord-tenant law. If the home needs updates before it can be rented, you'll need to budget for those costs upfront.
If you're not local or don't want the day-to-day involvement, a property management company can handle operations — for a percentage of the monthly rent.
Option C: Sell the Property
Selling is the most common choice, particularly when:
Multiple heirs need to divide the proceeds
The property needs expensive repairs
The heirs live out of the area
There are outstanding debts (mortgage, taxes, liens) that need to be settled
The family simply needs to close this chapter and move forward
Selling Through a Traditional Agent If the home is in good condition and the estate is fully settled, listing with a real estate agent can maximize the sale price. Expect the process to take 45–60 days or more, and budget for agent commissions, closing costs, and any repairs required to get the home market-ready.
Selling As-Is to a Cash Buyer When repairs are extensive, timelines are short, or multiple heirs need a fast and simple resolution, selling to a cash buyer like Press Forward Properties is often the most practical option. We purchase homes as-is — no repairs, no commissions, no waiting on financing. We can make a fair cash offer within 24 hours and close in as little as two to three weeks.
For families managing grief, distance, and disagreement all at once, a simple and fast sale can be a genuine relief.
What Happens When Heirs Can't Agree?
One of the most difficult situations families face is when multiple heirs inherit a property together — and they can't agree on what to do with it.
If one heir wants to sell and another wants to keep it, the law provides a resolution: a legal action called a partition suit. In a partition, a court can order the property sold and the proceeds divided among the heirs. While it's an option, it's a slow, expensive, and emotionally taxing process.
The better path, whenever possible, is to work toward agreement outside of court. A neutral third party — a mediator, an estate attorney, or even a trusted family friend — can sometimes help heirs find common ground. So can getting a clear picture of what the property is actually worth and what it would cost to maintain or repair it.
If selling is ultimately the right outcome, a cash sale can often be arranged quickly once all heirs are in agreement — with each party receiving their share.
A Word on Heirs' Property
Mississippi, like many Southern states, has a significant number of properties held as heirs' property — homes passed down through generations without a formal will or updated title. In these situations, multiple family members may have an ownership interest in the property without clear legal documentation.
Heirs' property creates real risks:
It can be difficult or impossible to sell, refinance, or even make repairs
Any one heir can potentially force a partition sale
Tax bills may go unpaid because no one feels clearly responsible
The property can be lost to tax sale without the family realizing it
If you believe a property you've inherited may be heirs' property, consulting an estate attorney is strongly recommended. Mississippi Legal Services (mslegalservices.org) may be able to assist qualifying families at low or no cost.
We Understand What This Moment Feels Like
Dealing with an inherited property is rarely just a financial or legal challenge — it's an emotional one. You're making important decisions during one of the hardest times in your life, often alongside family members who are grieving in their own ways.
At Press Forward Properties, we approach every conversation with that reality in mind. We're not here to pressure anyone into a decision. We're here to listen, share what we know, and help families in the Hattiesburg and surrounding areas find the path that makes the most sense for them.
If you've recently inherited a property and you're not sure what your next step is, reach out to us. The conversation is free, there's no obligation, and we're happy to simply point you in the right direction — even if that direction isn't us.
Call or text: 601-909-0715 Email: pressforwardproperties@gmail.com Online: www.pressforwardproperties.com
Press Forward Properties serves homeowners throughout Hattiesburg, Laurel, Ellisville, Petal, Columbia, and surrounding Mississippi communities.
This article is intended for informational purposes only and does not constitute legal, tax, or financial advice. Estate and probate laws vary and change over time. For guidance specific to your situation, we strongly recommend consulting with a licensed Mississippi estate attorney.