In Mississippi, estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death. Real property cannot pass through the affidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source; an estate that includes real estate uses a separate process. An estate over the limit does not qualify, and no affidavit is prepared for it.

Mississippi's recorded instrument, affidavit containing a statement relating to the heirship, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: admissible as evidence in any action involving the document to which it relates or the title to the real property affected, and prima facie evidence of the facts stated therein and the marketability of the title to real propertyMiss. Code Ann. § 89-5-8(6)Verified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.

In the land records in the office of the chancery clerk in the county where the real property is situatedMiss. Code Ann. § 89-5-8(1)Verified Sep 24, 2026View source. The office records it as it records deeds, in the county where the land lies, and charges its recording fee per page.

It depends on what the person owned and how it was titled. Property with a named beneficiary, joint property with survivorship, and property in a trust pass outside probate. What remains goes through probate unless it is under the state's small estate limit, in which case a small estate affidavit collects it. The Probate Decision Tool applies your state's rules.