What Happens to Jointly Owned Property in Mississippi When an Owner Dies?
When a joint owner dies in Mississippi, what the survivor records is the “Affidavit containing a statement relating to the death or the time of deathMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source”.
Mississippi names the “Affidavit containing a statement relating to the death or the time of deathMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source”. Mississippi law lets a sworn affidavit stating a joint tenant's death be recorded with the chancery clerk, and it must describe the land. No statute requires it before the survivor holds title, and no deadline appliesMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source. The affidavit of death is prepared to the Mississippi statute's requirements.
Who may sign, in the statute's words: Not limited by statute: § 89-5-8 requires only that the affiant sign and swear to the affidavit. Mississippi title standards describe an affidavit as signed by an individual with personal knowledge of the factsMiss. Title Exam. Std. 14.01Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratMiss. Code Ann. § 89-5-8(1); Miss. Code Ann. § 89-3-1(1)Verified Oct 26, 2026View source.
What the statute has it state: a statement of the death or the time of death of the deceased joint tenant, a party to the deed affecting the title; a description of the real property the affidavit coversMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source.
Mississippi land conveyed to two or more people, spouses included, is held in common unless the deed plainly shows an intent to create a joint tenancy or a tenancy by the entirety with the right of survivorship. Where two joint tenants die and there is no sufficient evidence that they died other than at the same time, half the property passes as if each had survivedMiss. Code Ann. § 89-5-8Verified Oct 26, 2026View source.
Mississippi's transfer-on-death deed act names no filing for the beneficiary; the interest passes at the owner's death. A sworn affidavit stating the owner's death and describing the land may be recorded with the chancery clerk, with no deadlineMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source.
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Free forms for settling an estate in Mississippi: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Mississippi, a surviving joint owner or a transfer on death deed beneficiary records the “Affidavit containing a statement relating to the death or the time of deathMiss. Code Ann. § 89-5-8(1)Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Mississippi, the notice to creditors is published for 3Miss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source weeks in a local newspaper, and creditors 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 Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Mississippi, a person named as executor may renounce the right to serveMiss. Code Ann. § 91-7-39Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Mississippi, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areMiss. Code Ann. § 89-5-8; § 63-21-35; §§ 91-1-27, 91-1-29Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Mississippi, the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source covers estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Mississippi, 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.
Tools for Settling an Estate in Mississippi
Free tools for settling an estate in Mississippi: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Mississippi, certified death certificates come from the Mississippi State Department of Health - Vital RecordsMississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $17Mississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source, additional copies $6Mississippi State Department of Health - Vital RecordsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Mississippi, estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Mississippi requires a final state income tax return for the decedent alongside the federal Form 1040Miss. Code Ann. § 27-7-5Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Mississippi: 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; creditors have 3 monthsMiss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
What Do I Do When Someone Dies?
After a death in Mississippi, the estate either qualifies for the simplified procedure for estates under $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or goes through probate, where creditors 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 Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Mississippi levies no estate or inheritance taxMiss. Code Ann. § 27-9-5Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Mississippi imposes no inheritance or estate taxMiss. Code Ann. § 27-9-5Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
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Mississippi Estate Settlement Resources
In-depth guides covering Mississippi probate, estate administration, and settling an estate.