Question 1

What makes a will valid in Mississippi?

Accepted Answer

Anyone 18 or older of sound and disposing mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's express direction). Unless it is entirely handwritten and signed by the testator, it must be attested by at least two credible witnesses in the testator's presence.

Question 2

Is a handwritten will valid in Mississippi?

Accepted Answer

Yes. A will that is wholly written and signed by the testator does not need witnesses.

Question 3

Does a will need to be notarized in Mississippi?

Accepted Answer

A will's execution may be proved by affidavits of the subscribing witnesses, stating each witness's address, attached to or made part of the will. These affidavits may be signed at the time the will is signed. Otherwise, at least one living, competent subscribing witness must prove the will, or, if none can be produced, the handwriting of the testator and witnesses may be proved.

Question 4

Who inherits if someone dies without a will in Mississippi?

Accepted Answer

If the decedent leaves a spouse and no children or descendants of children, the spouse inherits the entire estate. If there are children or their descendants, the spouse takes a share equal to one child's share, and the children (with descendants of a deceased child taking that child's share) divide the rest equally. With no spouse, children and their descendants take everything. If there are no children or descendants, the estate goes in equal shares to the decedent's brothers and sisters, father and mother, and descendants of deceased brothers and sisters; then to grandparents, uncles and aunts; then to the next of kin of equal degree.

Question 5

What is a surviving spouse entitled to in Mississippi?

Accepted Answer

If a will does not make satisfactory provision for the surviving spouse, the spouse may renounce the will within 90 days after it is probated by filing the renunciation where the will was probated, and take the share the spouse would receive with no will, except that if the decedent left no children or descendants, a renouncing spouse takes only one-half of the estate. A spouse left out of the will entirely has the same rights without filing a renunciation. If the surviving spouse's own separate property equals or exceeds that share, the spouse cannot renounce; if it is smaller, the court reduces the share on a sliding scale (no reduction if the spouse's separate property is less than one-fifth of the share).

Question 6

What is the small estate limit in Mississippi?

Accepted Answer

If the decedent's entire probate estate, excluding liens and encumbrances, is worth $75,000 or less, a successor may collect the decedent's tangible personal property, bank accounts and other debts owed, and stock or similar instruments by presenting an affidavit at least 30 days after death. Successors, in order of priority, are the surviving spouse, then any child, then any grandchild, then either parent or any sibling. The affidavit must state the estate's value, that 30 days have passed, that no personal representative has been appointed or applied for in any jurisdiction, the facts making the person a successor, and the successor's duty to distribute the property to anyone with a superior right. If a holder refuses, the successor may ask the chancery court to compel payment or delivery.

Question 7

How does probate work in Mississippi?

Accepted Answer

The will is probated in chancery court and the executor (or an administrator) takes an oath and receives letters testamentary or letters of administration. The executor must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts with the clerk, and then publish a notice to creditors in a county newspaper for three consecutive weeks. Claims are probated and registered with the clerk, and proof of publication must be filed before the court enters a final decree of discharge.

Question 8

How long do creditors have to file claims against an estate in Mississippi?

Accepted Answer

Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred.

Question 9

Who can be an executor in Mississippi?

Accepted Answer

An executor named in a will is entitled to letters testamentary unless, when letters are granted, the person is under 18, of unsound mind, or convicted of a felony. This section sets no residency rule. Before receiving letters, the executor takes an oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk.

Question 10

Does Mississippi allow transfer-on-death deeds?

Accepted Answer

Yes. An individual may transfer real property at death to one or more beneficiaries by a transfer-on-death deed. The owner must have the same capacity needed to make a contract. The deed must contain the essential elements of a recordable deed, state that the transfer takes effect at the owner's death, be acknowledged before a notary like other deeds (will formalities are not required), and be recorded before the owner's death with the chancery clerk of the county where the property is located. A TOD deed is not a will.

Question 11

What does a quitclaim deed need to be valid in Mississippi?

Accepted Answer

A deed may be recorded if it bears an original (or compliant electronic) signature and is acknowledged or proved according to law. Deeds are recorded with the chancery clerk of the county where the land is located. For documents signed on or after July 1, 2009, the first page needs a 3-inch top margin and must show the preparer's name, business address and phone number; the name, mailing address and phone number of each grantor and grantee; a return address; the title; and the legal description or indexing instructions. Signatures must be in black or blue ink with the name typed or printed beneath, on white paper in at least 10-point type, one side only. A nonconforming document is still recorded but may carry an extra $10 fee.

Question 12

What are the requirements for a power of attorney in Mississippi?

Accepted Answer

Mississippi's durable power of attorney law requires the principal to name the agent in writing, and the document must contain words such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" (or similar words) for it to survive the principal's incapacity. A power of attorney is therefore not durable unless it says so.

Question 13

What are the requirements for a health care directive in Mississippi?

Accepted Answer

An adult or emancipated minor may sign a health care power of attorney or advance health-care directive. It must be in writing, dated, and signed, and either (1) witnessed by two adults who declare under penalty of perjury that the principal appears of sound mind and free of duress (neither may be the agent, a health-care provider, or an employee of a provider or facility, and at least one may not be related to the principal or entitled to any part of the estate), or (2) acknowledged before a Mississippi notary. Mississippi provides an optional statutory Advance Health Care Directive form.

Question 14

How do I make a living will in Mississippi?

Accepted Answer

Mississippi follows the Uniform Health-Care Decisions Act. An adult or emancipated minor may give an 'individual instruction' about their health care, including end-of-life treatment; it may be oral or written and may be limited to take effect only if a specified condition arises. Mississippi provides an optional statutory Advance Health Care Directive form that combines instructions and the naming of an agent. A written directive is dated and signed, and either witnessed by two qualified adults or acknowledged before a notary.

Question 15

How do I make a medical power of attorney in Mississippi?

Accepted Answer

Mississippi uses a 'power of attorney for health care,' which may let the agent make any health-care decision the principal could make and stays in effect after the principal loses capacity. It must be in writing, dated and signed by the principal, and either (1) signed by two witnesses who declare under penalty of perjury that they know the principal, saw the signing or acknowledgment, the principal appears of sound mind and free of duress, and they are not the agent or a health-care provider or provider employee (at least one must also be unrelated to the principal and not entitled to any part of the estate), or (2) acknowledged before a notary. Unless related to the principal, the agent may not be an owner, operator or employee of a residential long-term care institution where the principal receives care.

Question 16

How do living trusts work in Mississippi?

Accepted Answer

Mississippi adopted the Uniform Trust Code (Miss. Code Ann. Title 91, Chapter 8). For trusts created by instruments signed on or after July 1, 2014, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Revocation or amendment may be done by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust or by other clear and convincing evidence of intent. With more than one settlor, each surviving settlor may revoke as to their own portion after one settlor dies. Only property titled in the trust avoids probate.

Question 17

What does an executor have to do in Mississippi?

Accepted Answer

Within 90 days after letters are granted (unless the court or clerk allows more time), the executor or administrator must file a sworn inventory of the decedent's money and property at date-of-death market value, unless the will waives it or the court waives it in an intestate estate. The representative must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts, and publish notice to creditors for three consecutive weeks; creditors have 90 days after first publication to probate their claims. An account under oath must be presented at least once a year unless waived by the will or the court, and the estate closes with a final account and decree of discharge.

Question 18

How do I get letters testamentary in Mississippi?

Accepted Answer

Estates are opened in the chancery court of the county. An executor named in a will receives 'letters testamentary,' and an administrator receives 'letters of administration.' At or before obtaining letters, the executor (or administrator with the will annexed) takes the statutory oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk. A person under 18, of unsound mind or convicted of a felony cannot receive letters.

Question 19

Does Mississippi have an affidavit of heirship?

Accepted Answer

Mississippi uses a court determination of heirship. Heirs file an action in chancery court; heirs who are not plaintiffs are summoned, and notice is published to 'the heirs at law of' the decedent. On satisfactory proof of the death and that the parties are the sole heirs, the court enters a judgment recognizing them as heirs and placing them in possession of the estate. The judgment is evidence in all Mississippi courts of who the heirs are.

Question 20

How can you avoid probate in Mississippi?

Accepted Answer

Non-probate options include: transfer-on-death deeds for real property, recorded with the chancery clerk before death (Miss. Code Ann. §§ 91-27-9 to 91-27-17); a revocable trust (§ 91-8-602); the small estate successor affidavit for personal property when the probate estate is $75,000 or less (§ 91-7-322); and vehicle transfers by Affidavit of Heirship when there is no probate (Department of Revenue Form 78-014).

Question 21

How do I search probate court records in Mississippi?

Accepted Answer

Mississippi's twenty chancery courts have jurisdiction over probate, along with equity, divorce, alimony, guardianship and sanity matters.

Question 22

How do I transfer a car title after someone dies in Mississippi?

Accepted Answer

Apply at the county Tax Collector's office with a Title Application (Form 78-002) and the existing title. If the title reads 'John OR Jane Doe,' only the surviving owner's signature is needed; 'AND' requires the surviving spouse's signature and a court-endorsed copy of the probated will; 'AND/OR' requires the surviving spouse's signature and the death certificate. If there is no probated will, submit letters of administration or letters testamentary naming the recipient, or an Affidavit of Heirship (Form 78-014). Executors and administrators use the same process and pay all fees and taxes.

Requirements for a valid will	Anyone 18 or older of sound and disposing mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's express direction). Unless it is entirely handwritten and signed by the testator, it must be attested by at least two credible witnesses in the testator's presence. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-5-1
Handwritten (holographic) wills	Yes. A will that is wholly written and signed by the testator does not need witnesses. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-5-1
Self-proving affidavit	A will's execution may be proved by affidavits of the subscribing witnesses, stating each witness's address, attached to or made part of the will. These affidavits may be signed at the time the will is signed. Otherwise, at least one living, competent subscribing witness must prove the will, or, if none can be produced, the handwriting of the testator and witnesses may be proved. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-7-7

Probate steps	The will is probated in chancery court and the executor (or an administrator) takes an oath and receives letters testamentary or letters of administration. The executor must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts with the clerk, and then publish a notice to creditors in a county newspaper for three consecutive weeks. Claims are probated and registered with the clerk, and proof of publication must be filed before the court enters a final decree of discharge. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. §§ 91-7-35, 91-7-41, 91-7-145
Small estate affidavit	If the decedent's entire probate estate, excluding liens and encumbrances, is worth $75,000 or less, a successor may collect the decedent's tangible personal property, bank accounts and other debts owed, and stock or similar instruments by presenting an affidavit at least 30 days after death. Successors, in order of priority, are the surviving spouse, then any child, then any grandchild, then either parent or any sibling. The affidavit must state the estate's value, that 30 days have passed, that no personal representative has been appointed or applied for in any jurisdiction, the facts making the person a successor, and the successor's duty to distribute the property to anyone with a superior right. If a holder refuses, the successor may ask the chancery court to compel payment or delivery. The procedure covers personal property; the statute does not provide for transferring real estate by affidavit. Separately, an employer may pay a deceased worker's unpaid wages directly to the spouse or other listed relatives (§ 91-7-323). Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-7-322
Deadline for creditor claims	Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-7-145
Who can be executor	An executor named in a will is entitled to letters testamentary unless, when letters are granted, the person is under 18, of unsound mind, or convicted of a felony. This section sets no residency rule. Before receiving letters, the executor takes an oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk. Whether a will can waive bond, and any rules for nonresident executors, are set out in other sections; check with the chancery clerk. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. §§ 91-7-35, 91-7-41
Finding probate court records	Mississippi's twenty chancery courts have jurisdiction over probate, along with equity, divorce, alimony, guardianship and sanity matters. Source: Mississippi Secretary of State, Mississippi Judicial Branch and Legal Resources (2020)

Living will / advance directive	Mississippi follows the Uniform Health-Care Decisions Act. An adult or emancipated minor may give an 'individual instruction' about their health care, including end-of-life treatment; it may be oral or written and may be limited to take effect only if a specified condition arises. Mississippi provides an optional statutory Advance Health Care Directive form that combines instructions and the naming of an agent. A written directive is dated and signed, and either witnessed by two qualified adults or acknowledged before a notary. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. §§ 41-41-205, 41-41-209
Medical power of attorney	Mississippi uses a 'power of attorney for health care,' which may let the agent make any health-care decision the principal could make and stays in effect after the principal loses capacity. It must be in writing, dated and signed by the principal, and either (1) signed by two witnesses who declare under penalty of perjury that they know the principal, saw the signing or acknowledgment, the principal appears of sound mind and free of duress, and they are not the agent or a health-care provider or provider employee (at least one must also be unrelated to the principal and not entitled to any part of the estate), or (2) acknowledged before a notary. Unless related to the principal, the agent may not be an owner, operator or employee of a residential long-term care institution where the principal receives care. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 41-41-205
Revocable living trust	Mississippi adopted the Uniform Trust Code (Miss. Code Ann. Title 91, Chapter 8). For trusts created by instruments signed on or after July 1, 2014, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Revocation or amendment may be done by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust or by other clear and convincing evidence of intent. With more than one settlor, each surviving settlor may revoke as to their own portion after one settlor dies. Only property titled in the trust avoids probate. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-8-602
Ways to avoid probate	Non-probate options include: transfer-on-death deeds for real property, recorded with the chancery clerk before death (Miss. Code Ann. §§ 91-27-9 to 91-27-17); a revocable trust (§ 91-8-602); the small estate successor affidavit for personal property when the probate estate is $75,000 or less (§ 91-7-322); and vehicle transfers by Affidavit of Heirship when there is no probate (Department of Revenue Form 78-014). Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. §§ 91-27-17, 91-8-602, 91-7-322

Executor's duties	Within 90 days after letters are granted (unless the court or clerk allows more time), the executor or administrator must file a sworn inventory of the decedent's money and property at date-of-death market value, unless the will waives it or the court waives it in an intestate estate. The representative must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts, and publish notice to creditors for three consecutive weeks; creditors have 90 days after first publication to probate their claims. An account under oath must be presented at least once a year unless waived by the will or the court, and the estate closes with a final account and decree of discharge. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Annual accounts: https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-7-277/ Source: Miss. Code Ann. §§ 91-7-93, 91-7-145, 91-7-277
Letters testamentary	Estates are opened in the chancery court of the county. An executor named in a will receives 'letters testamentary,' and an administrator receives 'letters of administration.' At or before obtaining letters, the executor (or administrator with the will annexed) takes the statutory oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk. A person under 18, of unsound mind or convicted of a felony cannot receive letters. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. §§ 91-7-35, 91-7-41
Affidavit / determination of heirship	Mississippi uses a court determination of heirship. Heirs file an action in chancery court; heirs who are not plaintiffs are summoned, and notice is published to 'the heirs at law of' the decedent. On satisfactory proof of the death and that the parties are the sole heirs, the court enters a judgment recognizing them as heirs and placing them in possession of the estate. The judgment is evidence in all Mississippi courts of who the heirs are. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-1-29
Transferring a car after death	Apply at the county Tax Collector's office with a Title Application (Form 78-002) and the existing title. If the title reads 'John OR Jane Doe,' only the surviving owner's signature is needed; 'AND' requires the surviving spouse's signature and a court-endorsed copy of the probated will; 'AND/OR' requires the surviving spouse's signature and the death certificate. If there is no probated will, submit letters of administration or letters testamentary naming the recipient, or an Affidavit of Heirship (Form 78-014). Executors and administrators use the same process and pay all fees and taxes. Source: Mississippi Department of Revenue, Motor Vehicle FAQ

Mississippi Wills, Probate and Estate Law

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