How Do I File Taxes for a Deceased Person in Mississippi?
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.
At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Mississippi requires a final state income tax returnMiss. Code Ann. § 27-7-5Verified Sep 20, 2026View source (Form 80-105Miss. Code Ann. §§ 27-7-5, 27-7-27, 27-7-41, 27-9-5Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Mississippi fiduciary return (Form 81-110Miss. Code Ann. §§ 27-7-5, 27-7-27, 27-7-41, 27-9-5Verified Sep 10, 2026View source) may also be required.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Mississippi return is due April 15 following year of deathMiss. Code Ann. §§ 27-7-5, 27-7-27, 27-7-41, 27-9-5Verified Sep 10, 2026View source. The Mississippi fiduciary return is due April 15Miss. Code Ann. §§ 27-7-5, 27-7-27, 27-7-41, 27-9-5Verified Sep 10, 2026View source.
No tax clearance required for individual estatesMiss. Code Ann. §§ 27-7-5, 27-7-27, 27-7-41, 27-9-5Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.
No. No Mississippi estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deathsMiss. Code Ann. § 27-9-5Verified Sep 15, 2026View source, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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Learn moreForms for Settling an Estate in Mississippi
Free forms for settling an estate in Mississippi: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
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.
Estate Closing
In Mississippi, the personal representative is discharged by court orderMiss. Code §§ 91-7-297, 91-7-145(3), 91-7-309Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
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.
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.
How Does Step-Up in Basis Work?
Inherited assets in Mississippi take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
Hire a Mississippi Probate Attorney
Browse 54 probate firms in Mississippi with addresses, contact info, and practice details.
Mississippi Estate Settlement Resources
In-depth guides covering Mississippi probate, estate administration, and settling an estate.
