Should You Get a Trust or a Will in Mississippi?
In Mississippi, a will-based plan pays probate attorney fees of typically 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Frequently Asked Questions
In Mississippi, a will-based plan pays probate attorney fees of typically 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 6 months to 12 months probate timeline a simple estate takes.
Probate in Mississippi runs about $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Mississippi probate calculator.
No. A will must go through probate in Mississippi. A small estate may qualify for a simplified route: 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. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Mississippi typically take 6 months to 12 months through probate; average estates 12 months to 18 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Mississippi: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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