Estate Planning in Mississippi

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 Sep 16, 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.

A Mississippi healthcare power of attorney is signed before either 2Miss. Code Ann. § 41-41-209Verified Jul 15, 2026View source witnesses or a notary publicMiss. Code Ann. § 41-41-209Verified Jul 15, 2026View source. Witnesses must be at least 18 yearsMiss. Code Ann. § 41-41-209Verified Jul 15, 2026View source old and cannot be the named agent, the principal’s healthcare providers or employees of the facility where the principal is a patient. Those restrictions do not apply when the document is notarized instead of witnessed. The agent must be at least 18 yearsMiss. Code Ann. § 41-41-209Verified Jul 15, 2026View source old, and Mississippi bars employees of the treating facility from serving, subject to the statute’s exceptions.

A Mississippi financial power of attorney requires neither witnesses nor notarization to be validMiss. 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. It is not durable unless it says soMiss. 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, in words such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time”; without that language it ends when the principal becomes incapacitated. A springing power of attorney, one that takes effect only when the principal becomes incapacitated, is permittedMiss. 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.

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 Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 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 does not require a revocable living trust to be notarizedMiss. Code Ann. § 91-8-101 et seq.Verified Jul 15, 2026View source. 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 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.