Where to File a Power of Attorney in Mississippi: Chancery Clerk Recording Guide

Mississippi doesn't require you to register a power of attorney with any state agency for it to be valid. But if the POA covers real estate transactions, recording it in the county land records isn't optional — it's mandatory. And even for non-real-estate POAs, recording provides benefits that make it worth the small filing fee.

When Recording Is Required

Under Mississippi's conveyance law, any power of attorney used to convey, mortgage, or encumber real property must be notarized and recorded in the land records of the Chancery Clerk in the county where the property is located. The POA must be recorded either before or simultaneously with the recording of any deed or mortgage executed by the agent.

If the agent signs a deed without a recorded POA, the deed is defective and title companies will refuse to insure the transaction. The buyer or lender is left with a clouded title that requires expensive court proceedings to resolve.

Where to Record

Recording happens at the Chancery Clerk's office in the county where the relevant property sits. Mississippi has 82 counties, each with its own Chancery Clerk.

If the principal owns property in multiple counties, the POA should be recorded in every county where property is located. Each recording is a separate filing with its own fee.

Recording Fees

The standard recording fee in Mississippi is $26 for the first five pages and $1 for each additional page. This breaks down as:

• $25 base recording fee
• $1 archive fee (per Mississippi Code § 25-60-5)

Nine counties — Covington, George, Itawamba, Kemper, Leflore, Sharkey, Stone, Tunica, and Webster — do not collect the archive fee, making their rate $25 for the first five pages.

A standard power of attorney fits within five pages, so $26 (or $25) covers most filings.

The Recording Process

1. Bring the original, notarized POA to the Chancery Clerk's office. The document must bear the notary's seal and acknowledgment — the clerk will not record an unnotarized document.

2. Pay the recording fee. Most clerks accept cash, check, or money order. Some county offices now accept credit cards, but fees may apply.

3. Receive the recorded copy. The clerk stamps the document with the book and page number (or instrument number) where it's recorded in the official land records. This reference number is what title companies, closing attorneys, and banks use to verify the POA's validity.

4. Note the book and page number. Your agent will need to reference this number on any deed, mortgage, or conveyance they execute under the POA.

When Recording Is Optional but Recommended

Even if the POA doesn't cover real estate, recording creates several benefits:

Public record of authority. Third parties can independently verify that the POA exists and hasn't been recorded as revoked. This can smooth interactions with banks, insurance companies, and government agencies.

Stronger evidentiary weight. A recorded document is harder to dispute than one that exists only as a paper copy in someone's file. In a Chancery Court dispute, a recorded POA is treated as a public record with presumptive validity.

Protection for the agent. Under Mississippi Code § 87-3-113, an agent can record a concurrent affidavit stating they had no actual knowledge of the POA's revocation at the time they acted. Combined with the recorded POA, this protects both the agent and third parties who relied on the document.

Recording the Revocation

If you later revoke the POA, the revocation must also be recorded in the same county office where the original was filed. Without a recorded revocation, the land records continue to show a valid POA — leaving the door open for unauthorized transactions against the property.

The Mississippi Power of Attorney Kit includes a real estate recording guide with the specific steps for Mississippi's Chancery Clerk system, including the concurrent affidavit template under § 87-3-113.

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