Small Estate Affidavit in Mississippi
How to collect a loved one's property in Mississippi without full probate: the dollar limit, waiting period and official form.
Short 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… Miss. Code Ann. § 91-7-322
| 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 |
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| 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 |
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FAQ
What is the small estate limit in Mississippi?
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.
How long do creditors have to file claims against an estate in Mississippi?
Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred.
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.