Do I need a trust or just a will in Mississippi?

It depends on your estate size and goals. Mississippi allows simplified probate for estates under $75,000 (Miss. Code Ann. § 91-7-322 (small estate affidavit, $75K per S.B. 2850 eff. 7/1/2020), § 91-5-35 (muniment of title), § 91-7-145 (notice to creditors; 3-week publication), § 91-7-151 (creditor claims, 90 days), § 81-5-63 (bank deposit affidavit, $12,500), § 91-7-299 (executor compensation; reasonable), § 91-7-281 (attorney fees allowable), § 91-7-41 (oath and bond), § 91-7-45 (when bond not required), § 91-7-93 (inventory within 90 days of letters), § 25-7-9(2) (chancery clerk filing fees)), so smaller estates may not need a trust for cost savings alone. A trust adds value when: you own real estate, you want privacy (probate is public), you need incapacity planning, or you own property in multiple states. A will alone means probate court handles everything.

When does a trust need a tax ID number in Mississippi?

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust becomes irrevocable and needs its own EIN from the IRS. The successor trustee applies for the EIN before opening trust bank accounts or filing trust tax returns.

Mississippi Revocable Living Trust

Mississippi revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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Frequently Asked Questions About Mississippi Revocable Living Trusts

Yes. Assets held in a revocable living trust bypass Mississippi probate entirely — no court supervision, no public record, no statutory fees. Full probate in Mississippi typically takes 12-18 months. Use the Mississippi probate cost calculator to see what probate would cost without a trust.

Mississippi accepts a certificate of trust in lieu of the full trust instrument. The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.

Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a Mississippi pour-over will if needed.

The successor trustee takes over and the trust becomes irrevocable. The trustee manages the 3-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement. Mississippi requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.

Most assets can be transferred: Mississippi real estate (via a Warranty Deed), bank accounts, investment accounts, vehicles, and personal property. Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.

It depends on your estate size and goals. Mississippi allows simplified probate for estates under $75,000, so smaller estates may not need a trust for cost savings alone. Use the Mississippi trust vs. will comparison to see which fits your situation.

Mississippi offers transfer-on-death deeds for real estate, which transfer property at death without probate. A TOD deed is simpler for a single property, but a trust covers all asset types, provides incapacity protection, and keeps distributions private. Check eligibility with the TOD deed checker.

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.

Avoiding Probate in Mississippi

A revocable trust avoids Mississippi probate, which typically takes 12 months to 18 months. Without a trust, assets in your name go through public court proceedings. Everyone needs a will — the question is whether a trust adds enough value to justify the cost.

Mississippi allows simplified probate for estates under $75,000. Estates below this threshold can often avoid full probate with a will alone. A trust becomes more valuable as estate size grows, when privacy matters, or when you own property in multiple states.

Trust administration in Mississippi happens privately. The successor trustee handles the 3 months creditor window and distributes assets per the trust terms. A certificate of trust — accepted by Mississippi banks, title companies, and recorders — establishes the trustee's authority without revealing the full document. To fund the trust with real property, a Warranty Deed is recorded with the county.

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.

SimplyTrust Editorial·Updated May 31, 2026

Legal Sources

Miss. Code Ann. § 91-7-322
Miss. Code Ann. § 91-7-322 (small estate affidavit
Miss. Code Ann. § 91-8-101 et seq.

Data sourced from Mississippi statutes and official state code. How we research.

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In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.

Mississippi Revocable Living Trust

Mississippi revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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Last Name*

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Phone Number

Street Address*

City*

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ZIP Code*

I agree to SimplyTrust's Terms of Service and Privacy Policy, and understand that continuing creates a SimplyTrust account.*

I agree to receive updates about the SimplyTrust app and estate planning tips via email. You can unsubscribe at any time.*

Frequently Asked Questions About Mississippi Revocable Living Trusts

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.

Avoiding Probate in Mississippi

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.

SimplyTrust Editorial·Updated May 31, 2026

Legal Sources

Miss. Code Ann. § 91-7-322
Miss. Code Ann. § 91-7-322 (small estate affidavit
Miss. Code Ann. § 91-8-101 et seq.

Data sourced from Mississippi statutes and official state code. How we research.

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A will is a wish. A trust is a plan.

How it works

Estate Ledger

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Mississippi Estate Planning Resources

Mississippi Revocable Living Trust

Your Information

Frequently Asked Questions About Mississippi Revocable Living Trusts

Is this your situation?

Marriage

New Home

Mississippi Estate Planning Resources

Mississippi Revocable Living Trust

Your Information

Frequently Asked Questions About Mississippi Revocable Living Trusts

Is this your situation?

Marriage

New Home