How to Avoid Probate in Mississippi

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).

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.

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.