What Are My Duties as Executor in Mississippi?
Step-by-step guide for executors navigating probate, from filing the will to closing the estate.
Frequently Asked Questions
An executor (or personal representative) in Mississippi is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.
The probate petition filing fee in Mississippi starts at approximately $140.Miss. Code Ann. § 91-7-322 (small estate affidavit, $75K per S.B. 2850 eff. 7/1/2020), § 91-5-35 (muniment of title), § 91-7-145 (notice to creditors; 3-week publication), § 91-7-151 (creditor claims, 90 days), § 81-5-63 (bank deposit affidavit, $12,500), § 91-7-299 (executor compensation; reasonable), § 91-7-281 (attorney fees allowable), § 91-7-41 (oath and bond), § 91-7-45 (when bond not required), § 91-7-93 (inventory within 90 days of letters), § 25-7-9(2) (chancery clerk filing fees)Verified May 14, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.
Mississippi requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 3 months to file claims.Miss. Code Ann. § 91-7-322 (small estate affidavit, $75K per S.B. 2850 eff. 7/1/2020), § 91-5-35 (muniment of title), § 91-7-145 (notice to creditors; 3-week publication), § 91-7-151 (creditor claims, 90 days), § 81-5-63 (bank deposit affidavit, $12,500), § 91-7-299 (executor compensation; reasonable), § 91-7-281 (attorney fees allowable), § 91-7-41 (oath and bond), § 91-7-45 (when bond not required), § 91-7-93 (inventory within 90 days of letters), § 25-7-9(2) (chancery clerk filing fees)Verified May 14, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.
Mississippi allows estates valued at $75,000 or less to use a Small Estate Affidavit.Miss. Code Ann. § 91-7-322 (small estate affidavit, $75K per S.B. 2850 eff. 7/1/2020), § 91-5-35 (muniment of title), § 91-7-145 (notice to creditors; 3-week publication), § 91-7-151 (creditor claims, 90 days), § 81-5-63 (bank deposit affidavit, $12,500), § 91-7-299 (executor compensation; reasonable), § 91-7-281 (attorney fees allowable), § 91-7-41 (oath and bond), § 91-7-45 (when bond not required), § 91-7-93 (inventory within 90 days of letters), § 25-7-9(2) (chancery clerk filing fees)Verified May 14, 2026 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.
Mississippi allows executors to receive reasonable compensation.Miss. Code § 91-7-299 (reasonable compensation; no statutory percentage)Verified May 14, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Mississippi executor fee calculator.
Probate costs in Mississippi include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Mississippi probate calculator provides a detailed cost estimate based on estate value.
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Mississippi Estate Planning Resources
In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.
