How to Make a Valid Will in Mississippi
What Mississippi law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short 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). Miss. Code Ann. § 91-5-1
| 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 |
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| 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 |
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FAQ
What makes a will valid in Mississippi?
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.
Is a handwritten will valid in Mississippi?
Yes. A will that is wholly written and signed by the testator does not need witnesses.
Does a will need to be notarized in Mississippi?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.