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Mississippi law

Estate Planning Laws in Mississippi.

Mississippi has not adopted the Uniform Probate Code. Estate administration proceeds through the Chancery Court under the Mississippi Code. Mississippi recognizes holographic wills (entirely in the testator's handwriting) and requires two credible witnesses for attested wills. Mississippi permits a Small Estate affidavit procedure for estates with personal property under $75,000, bypassing formal administration. Mississippi is not a community-property state. A surviving spouse has a statutory right to renounce the will and take a child's share.

Last verified: 2026-04-17

State law

Key Mississippi Statutes

Execution of WillsMiss. Code Ann. § 91-5-1

A will must be in writing, signed by the testator or by another person at the testator's direction in their presence, and attested by two or more credible witnesses.

Holographic WillsMiss. Code Ann. § 91-5-1

A will is valid if wholly in the handwriting of the testator, subscribed by the testator. Holographic wills do not require witnesses.

Intestate SuccessionMiss. Code Ann. § 91-1-3 et seq.

If the decedent dies without a will, property passes to the surviving spouse and children in equal shares (spouse takes a child's share, but no less than the spouse plus descendants per capita).

Spousal Right of RenunciationMiss. Code Ann. § 91-5-25

A surviving spouse may renounce the will within 90 days after probate and take their intestate share (up to one-half of decedent's estate, reduced by property otherwise received from the estate).

Small Estate AffidavitMiss. Code Ann. § 91-7-322

Personal property of a decedent with aggregate value of $75,000 or less may be transferred by affidavit 30 days after death, without formal probate administration.

Durable Power of Attorney and Advance DirectiveMiss. Code Ann. § 41-41-201 et seq. (Uniform Health-Care Decisions Act)

Mississippi permits durable powers of attorney for financial matters and has adopted the Uniform Health-Care Decisions Act for advance directives. Forms are available through the Mississippi State Department of Health.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Mississippi.

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