Revocable Living Trusts in Mississippi
How revocable living trusts work under Mississippi law and the other ways to pass property without probate.
Short 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. Miss. Code Ann. § 91-8-602
| 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 |
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| 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). |
More Mississippi estate law
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- How Probate Works in Mississippi
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- Letters Testamentary in Mississippi
- Affidavit of Heirship in Mississippi
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- All Mississippi wills, probate and estate rules
FAQ
How do living trusts work in Mississippi?
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.
How can you 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).
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.