Mississippi Estate Planning: Free Wills, Forms & Calculators

Like all states, Mississippi recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2Miss. Code Ann. § 91-5-1Verified Jul 15, 2026View source adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges.

Smaller estates under $75,000Miss. Code Ann. § 91-7-322Verified Jul 15, 2026View source can use a simplified transfer process that avoids full probate proceedings. Unlike states with formal independent administration statutes (such as California and Texas), Mississippi doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

Mississippi does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jul 13, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jul 13, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Mississippi allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Mississippi, so property taxes remain at their current level.

Mississippi provides a statutory homestead exemption protecting up to $75,000 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then 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 Jul 15, 2026View source to file claims against the estate. Known creditors must also receive direct written notice.

Mississippi automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce.

Mississippi has not yet authorized remote online notarization (RON). All documents requiring notarization must be signed in the physical presence of a notary.