© 2026 Debrosland, LLC. All rights reserved.
Yes — you can sell inherited land in Mississippi, usually faster and with a smaller tax hit than people fear. Once title is in your name (through Chancery Court probate or a recorded affidavit of heirship), you can list it, sell it yourself, or take a cash offer and close in weeks. Mississippi charges no estate or inheritance tax, and a real estate attorney or title company handles the paperwork either way.
Inheriting land in Mississippi is a strange kind of gift. Sometimes it's a piece of the family — the forty acres in the Delta your grandfather farmed. Just as often it's a parcel two counties over you've never walked, with a tax bill that shows up every year whether you use it or not. Most people who land here are somewhere in between, trying to figure out what to do with land they didn't exactly plan on owning.
This guide is Mississippi-specific: how to get title in your name through the state's courts, what "heirs' property" means and the 2020 law that protects it, what the taxes actually look like here, and your real options for selling — including how a direct cash sale works. We're a land company — not a law firm or a tax office — so where the stakes get high, we'll point you to the right professional. For the broad, all-states version, see our general guide to selling inherited land.
You can't sell what isn't legally yours. Before anything else, title has to be in your name — or in all the heirs' names, if there's more than one of you. In Mississippi, the route depends on your situation:
In Mississippi, probate runs through the county Chancery Court, which confirms who inherits and clears the way to transfer title. If there's a valid will and no debts, the will can sometimes be admitted as a muniment of title — a lighter, faster process than a full estate administration. Timelines range from a few weeks to several months. Once it clears, you're free to sell.
When someone dies without a will, Mississippi heirs can often establish title to land with an affidavit of heirship — a sworn statement naming the heirs, signed by family plus two disinterested witnesses, notarized, and filed in the county land records where the land sits. It's cheaper and faster than a full probate case. If heirship is disputed, or a title insurer needs more, a quiet-title action may be required.
If you inherited alongside siblings or cousins, each of you owns an undivided share of the whole parcel, and everyone on title generally has to sign to sell. Mississippi calls this "heirs' property," and since 2020 a special law — the UPHPA — governs what happens if co-owners can't agree. More on that next.
A real estate attorney or title company in the Mississippi county where the land sits can tell you exactly which path applies. This is the one part we'd never wing.
When land is passed down without a will for a generation or two, it can end up owned by many relatives as tenants in common — what Mississippi calls heirs' property. The old danger: a single heir, or an investor who quietly bought one heir's share, could force the whole parcel to a courthouse auction, often for pennies on the dollar. Mississippi closed that loophole with the Uniform Partition of Heirs Property Act (UPHPA), effective July 1, 2020.
Here's what the law does when co-owners can't agree and someone asks the court to sell:
The law also leans toward dividing the land physically (partition "in kind") when that's fair, and lets the court weigh sentimental and family-legacy value. Translation: in Mississippi, one heir wanting out no longer means everyone loses the land cheap. (Codified at Miss. Code Title 91, Chapter 31.)
Selling goes faster when you know what you've got. Pull these together before you talk to anyone — the same details any serious buyer (us included) will ask for:
Not sure what some of these mean? Our land dictionary defines every term in plain English. If access is the sticking point, our guide to selling landlocked land in Mississippi digs in.
Here's the general lay of the land — general information, not tax advice for your specific situation, so confirm the details with a tax professional. Most people brace for worse than what's actually coming.
Mississippi has no estate tax and no inheritance tax. The only death tax that could apply is the federal estate tax — and in 2026 the exemption is $15 million per person ($30 million for a married couple), so all but the very largest estates owe nothing.
Inheriting isn't a taxable event. You don't owe income tax simply for inheriting land. The tax question only comes up when you sell.
The stepped-up basis is the big one. When you inherit, your cost basis "steps up" to the land's fair market value on the date the previous owner passed away — so you're generally taxed only on the appreciation that happens after that date, not on decades of lifetime gain. Whatever gain is left, Mississippi taxes as ordinary income at its flat 4% (2026), and federal long-term capital-gains rates may also apply. (The IRS explains basis on inherited property if you want the source.) See it in action:
Example only — Mississippi taxes the gain at 4% (2026) and federal long-term rates may also apply. Your own situation decides the actual bill; confirm with a tax professional.
One more thing worth knowing: you may still receive a 1099-S at closing and need to report the sale even if little or no tax is due. The short version — the tax picture on inherited Mississippi land is usually friendlier than people expect, but get the specifics from a tax professional, and run your closing through a real estate attorney or title company.
There's no single right answer — it depends on how much time, distance, and patience you're working with. Tap each to compare:
"Most folks who call us about inherited Mississippi land are braced for a tax nightmare and a year in court. Nine times out of ten it's neither — the basis steps up, an affidavit of heirship or a quick probate clears the title, and they're done in a few weeks."
More common than you'd think, and it scares off most retail buyers. A dirt road running along the edge isn't the same as a legally recorded easement. Direct buyers deal with access issues regularly, so a parcel that won't move on the open market can still sell. Our landlocked-land guide covers the Mississippi specifics.
Usually not a dealbreaker. In most cases, back taxes and liens can be paid at closing directly out of the sale proceeds — you don't have to bring anything current out of your own pocket first. The title company figures out exactly what's owed and clears it as part of the transaction.
Everyone on the title has to sign, so it's worth an honest family conversation early. Sometimes one heir buys out the others; sometimes selling the land and splitting the cash is the cleanest peace. And if it ends up in court, Mississippi's UPHPA gives co-owners a buyout right and requires a fair appraisal — so no one gets forced into an auction price.
If a straightforward cash sale sounds like the right fit, here's the process start to finish:
We buy land across Mississippi — and beyond. If your inherited parcel is out there, we'd love to take a look.
Tell us about the land and we'll send a fair, no-obligation cash offer — closing costs and back taxes handled.
Or email sell@debrosland.com — a real person on our team will get right back to you.
Often, but not always. If the land was titled solely in the deceased person's name, it usually passes through Chancery Court probate first so the court can confirm who inherits. But Mississippi also allows simpler routes — an affidavit of heirship filed in the county land records, or admitting a will as a muniment of title — when the estate is modest or the land is the main asset. A real estate attorney or title company can tell you which applies.
No. Mississippi charges neither a state estate tax nor an inheritance tax. The only death tax that could apply is the federal estate tax, and the 2026 exemption is $15 million per person — so the vast majority of estates owe nothing at all.
Usually very little if you sell soon. Inherited land gets a stepped-up basis equal to its market value on the date the previous owner passed, so you're taxed only on the gain after that date. Whatever gain remains, Mississippi taxes as ordinary income at 4% (2026), and federal long-term capital-gains rates may apply. Sell shortly after inheriting and there may be almost no gain to tax. Confirm with a tax professional.
It's land inherited by multiple family members as tenants in common — usually when someone dies without a will — so each heir owns an undivided share of the whole parcel and the title is informal. Mississippi's Uniform Partition of Heirs Property Act, effective in 2020, adds protections so this kind of family land can't easily be forced into a cheap sale.
A co-owner can ask a court to partition the land, but under Mississippi's UPHPA the other co-owners first get the right to buy out that person's share at a court-determined value. If no buyout happens and a sale is ordered, the court requires an independent appraisal and an open-market sale — so the family receives fair market value, not an auction price.
The same way you'd sell it next door — most land sales don't require you to be there in person. A title company or real estate attorney handles the paperwork remotely, and documents can be signed electronically or with a mobile notary. A direct cash buyer makes out-of-state sales especially simple, since there are no showings to manage.
Sources
Debrosland is a land company — not a law firm, tax advisor, or financial advisor. Everything on our blog is general information to help you get your bearings, not legal, tax, or financial advice for your situation. For that, talk to a qualified professional — and run any closing through a real estate attorney or title company.
Made with in Timnath, Colorado since 2017.
