Mississippi Inheritance: Plan an Estate or Settle One

Mississippi has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeMiss. Code Ann. § 91-8-101 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Sep 18, 2026View source.

Probate of a simple estate in Mississippi runs 6 months to 12 months; an average estate takes 12 months to 18 months. The court filing fee is $143Miss. Code Ann. § 25-7-9(1)(j), (2), (3); § 37-26-3(1); § 37-26-9(4)Verified Sep 8, 2026View source; attorney fees are reasonable compensationMiss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source; executor compensation typically runs 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. On a $500,000 estate the estimated total comes to $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source. The personal representative must post a bondMiss. Code Ann. §§ 91-7-41, 91-7-45, 91-7-67Verified Sep 8, 2026View source, which the will may waiveMiss. Code Ann. §§ 91-7-41, 91-7-45, 91-7-67Verified Sep 8, 2026View source. Informal, unsupervised 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 for uncontested estates.

Certified death certificates come from the Mississippi State Department of Health - Vital RecordsMississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source at $17Mississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source a copy, $6Mississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 7-10 business daysMississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source. Once appointed, 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 and publishes the notice to creditors for 3Miss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadMiss. Code §§ 91-5-25, 91-5-27, 91-5-29, 91-1-7Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 18 yearsMiss. Code §§ 91-20-3, 91-20-41 (as amended by Laws 2023, ch. 507, SB 2073, eff. 7/1/2023)Verified Sep 15, 2026View source of age. Mississippi taxes incomeMiss. Code Ann. § 27-7-5Verified Sep 20, 2026View source at a top rate of 4%Miss. Code Ann. § 27-7-5Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesMiss. Code Ann. § 27-7-5 (rates, as amended by HB 531, 2022)Verified Sep 15, 2026View source.