Last Will and Testament in Mississippi
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Mississippi law says
| 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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| 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 |
| 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 |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Mississippi tenant rights
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.