Hiring a Wills, Trusts or Probate Lawyer in Mississippi
What Mississippi requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Mississippi: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in writing and state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses come out before or after the fee is calculated. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | The Mississippi Bar's Fee Dispute Resolution Committee offers free mediation or arbitration of fee disagreements between clients and lawyers (and between lawyers). It is voluntary: each side must separately agree, and the consent form must be returned within 15 days or the matter is closed. Mediation is non-binding unless the parties sign an agreement (enforceable in court); arbitration produces a decision binding on both sides. Fee disputes involving a rule violation go through the grievance process instead. |
Mississippi rules to know first
| 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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| 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 |
| How probate works | The will is probated in chancery court and the executor (or an administrator) takes an oath and receives letters testamentary or letters of administration. The executor must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts with the clerk, and then publish a notice to creditors in a county newspaper for three consecutive weeks. Claims are probated and registered with the clerk, and proof of publication must be filed before the court enters a final decree of discharge. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
Find and check a lawyer
| Lawyer referral service | The Mississippi Bar does not run a lawyer referral service; its Consumer Assistance Program "does not maintain referral lists of Mississippi attorneys" and cannot recommend a specific attorney. The Bar offers an online Find a Lawyer directory of Mississippi attorneys (msbar.reliaguide.com) and a How to Select a Lawyer guide; the Consumer Assistance Program, (601) 948-2344, can suggest websites for locating an attorney. |
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| Check that the lawyer is licensed | The Mississippi Bar's Office of General Counsel, at (601) 948-0568, can confirm a Mississippi lawyer's current status and whether the lawyer has received public discipline (public reprimand, suspension or disbarment). Other information cannot be released without the lawyer's signed release. |
| Check discipline history or file a complaint | To file a grievance against a Mississippi lawyer, first contact the Mississippi Bar's Consumer Assistance Program at (601) 948-2344 (weekdays 8 a.m.-5 p.m.) or PO Box 2168, Jackson, MS 39225-2168. If warranted, CAP sends a grievance form to complete and return to the Bar's Office of General Counsel. Grievances generally must be filed within three years after discovering the misconduct, except those involving dishonesty or mishandling of funds. The Committee on Professional Responsibility meets four times a year and notifies you in writing within a month of its decision; outcomes include informal admonition, private or public reprimand, or a formal complaint to the Supreme Court. Complainants cannot appeal or withdraw a grievance. Public discipline can be confirmed by calling the Office of General Counsel at (601) 948-0568. |
Free legal help
| Free legal aid | Mississippi's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Mississippi Center for Legal Services (43 counties in South Mississippi) and North Mississippi Rural Legal Services (39 counties in North Mississippi), both reachable at 1-800-498-1804; most programs require income below 125% of the federal poverty level. The Mississippi Volunteer Lawyers Project (601-960-9577) offers volunteer attorney referrals and clinics, and Mission First Legal Aid Office (601-608-0056) serves Hinds, Madison and Rankin counties. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Mississippi · Do I need a lawyer?
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.