How Do I Claim a Deceased Person's Unclaimed Property in Mississippi?
In Mississippi, a deceased owner's unclaimed property is claimed from the Mississippi State Treasurer, Unclaimed Property DivisionMiss. Code Title 89, Chapter 12 (Uniform Disposition of Unclaimed Property Act, §§ 89-12-1 to 89-12-57); § 89-12-39 as amended by Laws 2022, ch. 486Verified Aug 24, 2026View source.
File the claim with the Mississippi State Treasurer, Unclaimed Property DivisionMiss. Code Title 89, Chapter 12 (Uniform Disposition of Unclaimed Property Act, §§ 89-12-1 to 89-12-57); § 89-12-39 as amended by Laws 2022, ch. 486Verified Aug 24, 2026View source. The search and the claim start at the office's site. Heirs send a copy of the owner's death certificate, the death certificate of any deceased heir, and a copy of the filed will; with no will, a copy of the obituary or funeral program listing all heirsUnclaimed Property (Mississippi State Treasurer)Verified Aug 24, 2026View source.
Heirs can claim without letters from a probate court through the Affidavit of Death and HeirshipAffidavit of Death and Heirship (Mississippi State Treasurer)Verified Oct 26, 2026View source. The claim on that route includes: A claim form from each heir, marked to show the estate is closed; The Affidavit of Death and Heirship, signed before a notary by each claiming heir; A copy of the owner's death certificate, and of any deceased heir's death certificate; A copy of each claimant's photo identification; A copy of each claimant's Social Security card, or a formal document showing the numberAffidavit of Death and Heirship (Mississippi State Treasurer)Verified Oct 26, 2026View source.
Miss. Code § 89-12-39(1) lets any person claiming an interest in property delivered to the state file a claim on the form prescribed by the TreasurerSB2319, 2022 Regular Session (Laws 2022, ch. 486), Miss. Code § 89-12-39 as enactedVerified Aug 24, 2026View source. With letters from a probate court, the claim is made by the court-appointed representative of an estate that is still openLearn About Unclaimed Property (Mississippi State Treasurer)Verified Oct 26, 2026View source.
Every state where the person had an address can hold some of the property: the holding company reports it to the state of the owner's last-known address, and to its own home state where it has no address on record. MissingMoney.com searches most states at once. Insurance, savings bonds, pensions, refunds and failed-bank deposits sit in federal and national databases: the Treasury (TreasuryDirect), PBGC, the IRS, the FDIC, the NCUA, the NAIC Life Insurance Policy Locator and the VA.
No one may charge or contract for a fee to locate property until seven months after it reaches the Treasurer. The Treasurer approves each finder contract, and the fee may not exceed 10 percent of the property or $50, whichever is greaterMiss. Code Ann. § 89-12-25Verified Oct 26, 2026View source. The same property can be claimed directly through the state's own program, which charges no fee.
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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.
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.
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How Much Can an Executor Charge?
Mississippi pays executors reasonable compensationMiss. Code § 91-7-299 (such sum as the court deems proper; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
Mississippi requires an attorney of record to open formal probate, and informal probate is availableMiss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)Verified Sep 8, 2026View source; a qualifying small estate can still be collected without one.
How Do I Get Letters Testamentary?
In Mississippi, the Chancery clerk issues Letters Testamentary or Letters of Administration once the Chancery Court of the county where the decedent had a fixed place of residence appoints the personal representative; an informal (registrar) track is availableMiss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Mississippi, 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 of the creditor notice to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Mississippi pays the claims in 2Miss. Code § 91-7-261Verified Sep 23, 2026View source classes in statutory order, beginning with expenses of the last sickness, the funeral, and the administration, including commissions.
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