Free Mississippi Small Estate Affidavit

Prepare the Mississippi small estate affidavit for estates up to $75,000, plus presentation letters for each holder. Miss. Code Ann. § 91-7-322.

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Your Information

The Mississippi affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Mississippi Small Estate Affidavits

No statewide form. Miss. Code Ann. § 91-7-322(1)(a)-(f) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$75,000, per Miss. Code Ann. § 91-7-322. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (Miss. Code Ann. § 91-7-322). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A 'successor' of the decedent, defined by fixed priority: (a) the decedent's spouse; (b) if no surviving spouse, any child of the decedent; (c) if no surviving spouse or children, any grandchild of the decedent; (d) if no surviving spouse, children, or grandchildren, either parent or any sibling of the decedent. A minor or incapacitated adult successor may be represented by a guardian, conservator, custodian, or other personal representative, or by power of attorney (§ 91-7-322(3)). Miss. Code Ann. § 91-7-322(1)-(3).

The person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent; payment or delivery is made to the successor or in a manner as directed by the successor.

A person paying, delivering, transferring, or issuing property under subsection (1) is discharged and released to the same extent as if dealing with a personal representative, with no duty to see to the application of the property or inquire into the truth of any statement in the affidavit; refusal may be compelled in a chancery court proceeding by or on behalf of the persons entitled. The recipient is answerable and accountable to the personal representative, if any, or any other person having a superior right (§ 91-7-322(6)).

The affidavit reaches personal property only (indebtedness, tangible personal property, and instruments evidencing debts, obligations, stock, or choses in action); the $75,000 cap measures the entire probate estate wherever located, excluding liens and encumbrances. For real property left by will, the muniment-of-title petition under Miss. Code Ann. § 91-5-35 admits the will to probate as a muniment of title only, when the probate estate (exclusive of real property and § 91-7-117 exempt property) does not exceed the § 91-7-322 amount and all known debts are paid. Miss. Code Ann. §§ 91-7-322(1), 91-5-35.

Small Estate Collection in Mississippi

The Mississippi affidavit of successor is prepared by the successor — Miss. Code Ann. § 91-7-322(1)(a)-(f) governs its contents — and collects a small estate's property without probate administration.

The Miss. Code Ann. § 91-7-322 limit is $75,000. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About Mississippi Small Estate Affidavits

$75,000, per Miss. Code Ann. § 91-7-322. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (Miss. Code Ann. § 91-7-322). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in Mississippi

The Miss. Code Ann. § 91-7-322 limit is $75,000. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

Free Mississippi Small Estate Affidavit

Your Information

Frequently Asked Questions About Mississippi Small Estate Affidavits