After a death in Mississippi

Small estates

Small estate affidavit (Miss. Code 91-7-322) for collecting personal property without probate. It can be used when the estate is worth $75,000 or less and at least 30 days have passed since the death. A successor, such as the spouse, a child or another heir, signs the affidavit and gives it to the bank or other holder of the property.

• Limit: $75,000
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Mississippi, estates are handled by the Chancery Court of the county, usually in the county where the person lived.

Creditor claims: 90 days after the first publication of the notice to creditors.

Official court forms

Mississippi does not post statewide probate or small estate forms online. Estates are handled by the Chancery Court, and each county’s Chancery Clerk has its own forms. Call the Chancery Clerk in the county where the person lived.

Ask the clerk of the probate court in the county where the person lived for the forms they use. Many courts post them on the county website.

Estate and inheritance tax

• State estate tax: No. Mississippi has no estate tax.
• Inheritance tax: No. Mississippi has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Mississippi Real Property Transfer-on-Death Act (Miss. Code 91-27-1 and after). It must be recorded before the owner dies.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and two credible witnesses, unless it is entirely handwritten. A self-proving affidavit before a notary is allowed.

Handwritten wills: A will written entirely in the person’s handwriting and signed by them is valid without witnesses.

Power of attorney and health care directive

Financial power of attorney: Could not confirm current Mississippi signing rules or whether Mississippi has adopted the Uniform Power of Attorney Act.

Health care directive: Advance health care directive under Mississippi’s Uniform Health-Care Decisions Act. The power of attorney for health care part must be signed in front of two witnesses or a notary.

Death certificates

Certified copies come from the Mississippi State Department of Health, Vital Records. The funeral home can usually order them for you.

Fee and eligibility rules could not be confirmed.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Probate is handled by the chancery court, not a separate probate court. Handwritten wills are valid.