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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn moreForms for Settling an Estate in Mississippi
Free forms for settling an estate in Mississippi: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form.
Notice to Creditors
In Mississippi, the notice to creditors is published for 3Miss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsMiss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)Verified Sep 8, 2026View source from first publication to present claims.
Affidavit of Heirship
In Mississippi, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areMiss. Code Ann. § 89-5-8; § 63-21-35; §§ 91-1-27, 91-1-29Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Mississippi, the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source covers estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Mississippi, the personal representative files the estate inventory within 90 daysMiss. Code §§ 91-7-93, 91-7-95, 91-7-109Verified Sep 15, 2026View source of appointment.
Estate Closing
In Mississippi, the personal representative is discharged by court orderMiss. Code §§ 91-7-297, 91-7-145(3), 91-7-309Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In Mississippi, a surviving joint owner or a transfer on death deed beneficiary records the “Affidavit containing a statement relating to the death or the time of deathMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source”.
Tools for Settling an Estate in Mississippi
Free tools for settling an estate in Mississippi: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Much Can an Executor Charge?
Mississippi pays executors reasonable compensationMiss. Code § 91-7-299 (such sum as the court deems proper; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
Mississippi requires an attorney of record to open formal probate, and informal probate is availableMiss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)Verified Sep 8, 2026View source; a qualifying small estate can still be collected without one.
How Do I Get Letters Testamentary?
In Mississippi, the Chancery clerk issues Letters Testamentary or Letters of Administration once the Chancery Court of the county where the decedent had a fixed place of residence appoints the personal representative; an informal (registrar) track is availableMiss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Mississippi, creditors have 3 monthsMiss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Mississippi pays the claims in 2Miss. Code § 91-7-261Verified Sep 23, 2026View source classes in statutory order, beginning with expenses of the last sickness, the funeral, and the administration, including commissions.
How Do I Claim a Deceased Person's Unclaimed Property?
In Mississippi, a deceased owner's unclaimed property is claimed from the Mississippi State Treasurer, Unclaimed Property DivisionMiss. Code Title 89, Chapter 12 (Uniform Disposition of Unclaimed Property Act, §§ 89-12-1 to 89-12-57); § 89-12-39 as amended by Laws 2022, ch. 486Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Hire a Mississippi Probate Attorney
Browse 54 probate firms in Mississippi with addresses, contact info, and practice details.
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Mississippi Estate Settlement Resources
In-depth guides covering Mississippi probate, estate administration, and settling an estate.