Is there a way to avoid probate appointment in Mississippi?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in Mississippi?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in Mississippi

Personal Representative (Executor/Executrix if testate; Administrator/Administratrix if intestate)

Where you file

Chancery Court of the county where the decedent had a fixed place of residence (testate, if no fixed residence: the county where devised land lies. Intestate, if no fixed residence: the county where the intestate owned land; if none, the county where the intestate died)

The form that opens the estate

No statewide fill-in form · Attorney-drafted pleading

What the court issues (with a will)

Letters Testamentaryissued by Chancery clerk, after the will is admitted / the representative is appointed and the representative takes the statutory oath and gives any required bond

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

MEC e-filing is rolled out per chancery district by Supreme Court order, so availability and posture vary by county. The gating factor is not e-filing, though — it is the attorney mandate. Uniform Chancery Court Rule 6.02(A) requires every fiduciary who is not a Mississippi-licensed lawyer to retain an attorney "during the entire term of the fiduciary's appointment," and Rule 6.01 applies Part Six to "all fiduciary matters, including estates, administrations, guardianships, and trusts." The rule's only escape (6.02(E)) reaches guardianships of the person and undue-burden ward estates — not a decedent's estate. So a non-lawyer executor or administrator cannot proceed without counsel of record.

There is no statewide probate form set. Each of Mississippi's chancery court districts adopts its own local rules and required filings (some districts require a probate information worksheet and an order invoking the chancery clerk's § 9-5-141 powers). The opening petition itself is an attorney-drafted pleading conforming to Miss. Code § 91-7-1 et seq. and the Uniform Chancery Court Rules.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: Yes

What to file with the petition

Original will and any codicils, with a copy of the will attached as an exhibit to the petition (UCCR 6.15)
Petition to admit the will to probate / for letters (attorney-drafted, personally signed and sworn to by the fiduciary — UCCR 6.14) under Miss. Code § 91-7-1 et seq.
Certified copy of the death certificate
Oath of the executor/administrator (taken at or before Letters issue)
Fiduciary bond unless waived in the will (§ 91-7-45) or waived/reduced by the chancellor (§ 91-7-67)
Entry of appearance of the fiduciary's Mississippi-licensed attorney (UCCR 6.02)

Small-estate alternative

Bypasses full Letters: Yes

State-specific notes

Decedents' estates are heard in chancery court, not a separate probate court. The chancery clerk may admit a will in common form and grant Letters under Miss. Code § 9-5-141. Small-estate alternatives that bypass Letters entirely: (1) Miss. Code § 91-7-322 successor's affidavit — the entire probate estate of the decedent, wherever located, excluding liens and encumbrances, does not exceed $75,000; at least 30 days have elapsed since the death; and no personal representative is appointed or pending. (2) Miss. Code § 91-5-35 — where the decedent died testate owning Mississippi real property that the will devises, the will may be admitted as a muniment of title only, by signed and sworn petition and without administration, if the decedent's probate estate (exclusive of any interest in real property and of exempt property under § 91-7-117) did not exceed the sum set forth in § 91-7-322, and all known debts including estate and income taxes are paid. NOTE: § 91-5-35 is NOT a "$75,000 of real property" test and carries no 30-day waiting period — the $75,000 figure is the cross-referenced cap on the probate estate EXCLUDING real property, and the 30-day wait belongs to § 91-7-322.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

Mississippi has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Chancery Court of the county where the decedent had a fixed place of residence (testate, if no fixed residence: the county where devised land lies. Intestate, if no fixed residence: the county where the intestate owned land; if none, the county where the intestate died). After the court grants the petition, Chancery clerk, after the will is admitted / the representative is appointed and the representative takes the statutory oath and gives any required bond issues your Letters Testamentary (with a will) or Letters of Administration (without a will).

Along with the petition, Mississippi generally requires: Original will and any codicils, with a copy of the will attached as an exhibit to the petition (UCCR 6.15); Petition to admit the will to probate / for letters (attorney-drafted, personally signed and sworn to by the fiduciary — UCCR 6.14) under Miss. Code § 91-7-1 et seq.; Certified copy of the death certificate; Oath of the executor/administrator (taken at or before Letters issue); Fiduciary bond unless waived in the will (§ 91-7-45) or waived/reduced by the chancellor (§ 91-7-67); Entry of appearance of the fiduciary's Mississippi-licensed attorney (UCCR 6.02).

Yes. Mississippi requires a bond by default before Letters issue. A will can waive it. Beneficiaries can also waive it in writing.

Mississippi restricts self-represented filing. E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for Mississippi.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Mississippi — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

Getting Appointed in Mississippi

Authority to act for the estate comes from Letters issued in Mississippi by Chancery clerk, after the will is admitted / the representative is appointed and the representative takes the statutory oath and gives any required bond, on appointment by the Chancery Court of the county where the decedent had a fixed place of residence (testate, if no fixed residence: the county where devised land lies. Intestate, if no fixed residence: the county where the intestate owned land; if none, the county where the intestate died). The document is Letters Testamentary with a will and Letters of Administration without. UPC adoption in Mississippi: No.

Mississippi publishes no single statewide fill-in petition; the opening document is prepared to statute and filed with the court, which carries a filing fee of $140. Whether an informal (registrar) appointment track is available for qualifying estates: Yes.

A bond is required by default before Letters issue in Mississippi, though a will can waive it and the beneficiaries can waive it in writing.

For smaller estates, Mississippi offers a small-estate procedure for estates under $75,000 that can transfer assets without a full appointment or Letters. The Mississippi self-file probate assessment compares self-filing and attorney costs.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Mississippi statutes and official state code. How we research.

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Mississippi Estate Planning Resources

In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.

How Do I Get Appointed as Executor in Mississippi?

Getting Appointed in MississippiMiss. Code §§ 91-7-1 to 91-7-67 (proof of wills, grant of letters testamentary & of administration); § 9-5-141 (chancery clerk powers); Uniform Chancery Court Rules 6.01-6.02 (fiduciary must retain a Mississippi attorney)Verified Jul 15, 2026View source

At a glance

BondMiss. Code § 91-7-41 (oath and bond of executor / administrator with will annexed); § 91-7-45 (when bond not required — will waiver); § 91-7-67 (oath and bond of administrator — chancellor may waive or reduce on a sole-heir or all-heirs sworn petition)Verified Jul 15, 2026View source

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

Mississippi Estate Planning Resources

Getting Appointed in MississippiMiss. Code §§ 91-7-1 to 91-7-67 (proof of wills, grant of letters testamentary & of administration); § 9-5-141 (chancery clerk powers); Uniform Chancery Court Rules 6.01-6.02 (fiduciary must retain a Mississippi attorney)Verified Jul 15, 2026View source

At a glance

BondMiss. Code § 91-7-41 (oath and bond of executor / administrator with will annexed); § 91-7-45 (when bond not required — will waiver); § 91-7-67 (oath and bond of administrator — chancellor may waive or reduce on a sole-heir or all-heirs sworn petition)Verified Jul 15, 2026View source

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in Mississippi

Bond

Getting Appointed in Mississippi

Bond