What Do I Do When Someone Dies in Mississippi?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Mississippi Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

Mississippi: State law sets the order of who controls disposition of remains. Order: Person designated by decedent in a Self-Directed Disposition Authorization document per § 73-11-58(1) (supersedes all below); then Person designated by decedent under federal law (DD Form 93) if decedent died during military service (§ 73-11-58(1)(a)); then Surviving spouse (§ 73-11-58(1)(b)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

Mississippi: Medical examiner authorization is required before cremation. The death certificate must be filed within 5 days. Typical state costs: direct cremation ~$2,100, direct burial ~$3,800, traditional funeral ~$7,000.

How many death certificates do I need?

Obtain certified death certificates

Mississippi: Order from Mississippi State Department of Health - Vital Records. Fee: $17/copy ($6 additional). Available: online, phone, mail, in-person. Processing: 7-10 business days.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Mississippi: Homestead exemption up to $75,000. Surviving spouse has lifetime right to occupy. Minor children also protected.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Mississippi: Small estate affidavit available for estates under $75,000. Informal (unsupervised) probate available.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Mississippi: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, Mississippi's estate recovery program (Mississippi Division of Medicaid — Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures Mississippi Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

Mississippi: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (Miss. Code Ann. § 91-29-1 et seq.). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

Mississippi: Homestead exemption up to $75,000. Acreage limits: 160 acres rural. Surviving spouse has lifetime right to occupy. Minor children also protected. Mississippi allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

File petition for probate with the court

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Mississippi: File with the Chancery Court of the county where the decedent had a fixed place of residence (testate, if no fixed residence: the county where devised land lies. Intestate, if no fixed residence: the county where the intestate owned land; if none, the county where the intestate died). E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fee $143. Informal probate available. Typical duration: 6-24 months.

Can I self-file probate?

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

Mississippi: Letters Testamentary are issued by the Chancery clerk, after the will is admitted / the representative is appointed and the representative takes the statutory oath and gives any required bond. The state's title for the role is Personal Representative (Executor/Executrix if testate; Administrator/Administratrix if intestate). Typically filed with the petition: Original will and any codicils, with a copy of the will attached as an exhibit to the petition (UCCR 6.15); Petition to admit the will to probate / for letters (attorney-drafted, personally signed and sworn to by the fiduciary — UCCR 6.14) under Miss. Code § 91-7-1 et seq.; Death certificate — NOT required by any Mississippi statute, court rule, or official form as a condition of opening an estate or obtaining Letters; commonly supplied at intake. (A CERTIFIED copy is required by statute only downstream, to obtain a deceased user's digital assets from a custodian — § 91-23-13.); Oath of the executor/administrator (taken at or before Letters issue); Fiduciary bond unless waived in the will (§ 91-7-45) or waived/reduced by the chancellor (§ 91-7-67); Entry of appearance of the fiduciary's Mississippi-licensed attorney (UCCR 6.02).

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

Mississippi: Bond required unless waived in will. Typical premium: 0.5% of estate value. Beneficiaries may waive bond in writing (Miss. Code § 91-7-41 (oath and bond of executor / administrator with will annexed); § 91-7-45 (when bond not required — will waiver); § 91-7-67 (oath and bond of administrator — chancellor may waive or reduce on a sole-heir or all-heirs sworn petition)).

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

Mississippi: Attorney fees typically 1.6-2.5% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

Mississippi: Mississippi requires publication for 3 consecutive weeks. Typical cost: $100. The executor places the notice with the newspaper directly. Creditors have 3 months from first publication to file claims. Known creditors must receive direct mailed notice. Proof of publication must be filed with the court.

What are the creditor claim deadlines?Find a legal newspaper (state press association)

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

Mississippi: Mississippi has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

Mississippi: Search Mississippi State Treasurer — Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.

Mississippi State Treasurer — Unclaimed Property Division unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

Mississippi: Inventory due within 90 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing. The inventory can be waived entirely — by a provision in the testator’s will, or (in an intestate estate) by the court on the administrator’s petition — though the court may still order one later if a beneficiary petitions and it is deemed necessary.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

Mississippi: If the estate cannot pay every claim, payment order: Expenses of the last sickness, the funeral, and the administration, including commissions; then All other claims duly filed and established (pro rata).

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Mississippi: Creditor claim period is 3 months from first publication.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

Mississippi: Mississippi titles can carry a Beneficiary designation (Miss. Code Ann. 63-21-261 (Title 63, Ch. 21, Art. 4, 63-21-251 to 63-21-261)). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Mississippi Department of Revenue (applications made to a designated agent / county Tax Collector).

What are my personal items worth for probate?Mississippi Department of Revenue (applications made to a designated agent / county Tax Collector) — TOD designation information

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

Mississippi: File Form 80-105 for January 1 through date of death. Due April 15 following year of death. Mississippi's own instructions (DOR Form 80-100, "Death of a Taxpayer"): file the return the decedent would have filed had they lived, and enter the word "deceased" and the date of death after the decedent's name, with the decedent's SSN in the space provided. On a married-filing-joint return the surviving spouse must file as the primary taxpayer. If a refund is claimed, the survivor may need to give the bank a Statement of Heirship (Form 80-699) attesting they are the rightful heir to the refund; Form 80-699 is not published on the DOR form search and is obtained by contacting DOR Customer Service at (601) 923-7700. Form 80-205 is used instead for nonresidents/part-year residents. To file electronically, use an approved Electronic Transmitter Service / On-Line Service Provider under the Federal/State e-file program — a Mississippi individual return cannot be filed through TAP, which handles account access, address changes and payments only. Filing thresholds: single residents with gross income over $8,300 plus $1,500 per dependent; married residents over $16,600 plus $1,500 per dependent.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File Form 80-105 (Mississippi)Mississippi Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

Mississippi: File Form 81-110 for estate/trust income. Required when No dollar threshold. Every fiduciary must file Form 81-110 for any resident estate or trust it acts for; a nonresident estate or trust files if it has taxable income or gain derived from Mississippi sources (real or tangible property in Mississippi, a business carried on in Mississippi, or services performed in Mississippi). Mississippi allows estates and trusts the same exemptions as federal — $600 for an estate, $300 for a trust required to distribute all income currently, $100 for a trust permitted to accumulate income.. Due April 15 (calendar year); fiscal-year returns are due the 15th day of the 4th month after the fiscal year ends (DOR Form 81-100; Miss. Code Ann. § 27-7-41). Extension: Mississippi allows the same time to file as allowed by federal if the estate will receive a refund or owe no additional tax; if additional tax is owed it must be remitted with Form 80-106 by the original due date — an extension of time to file is not an extension of time to pay.. Form 81-110 is a reconciliation return starting from federal Form 1041 taxable income. Form 81-100 contains the filing instructions; Schedule K-1 (Form 81-132) reports each beneficiary's share of income. Estates and trusts are taxed on the same schedule as individuals (Miss. Code Ann. § 27-7-27), so for TY2026 the first $10,000 of taxable income is exempt and the excess is taxed at 4%.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)Form 81-110 (Mississippi)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

Mississippi: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

Mississippi: No tax clearance required for individual estates. Mississippi's estate tax is a pick-up levy pegged to the federal state death tax credit (Miss. Code Ann. § 27-9-5); because that credit became a deduction in 2005, MS DOR states that no estate tax return is required for decedents dying on or after January 1, 2005. Miss. Code Ann. § 27-9-41 still bars a court from allowing an executor's final account unless chapter 9 taxes that "have become payable" have been paid, but for deaths on or after January 1, 2005 the levy computes to zero, so nothing becomes payable and no Department of Revenue certificate or receipt is needed. Tax clearance letters are only available for corporate entities via TAP.

Do I have to file tax returns for someone who died?Mississippi Tax Clearance

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

Mississippi: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Mississippi State Department of Health - Vital Records. Fee: $17/copy ($6 additional). Available: online, phone, mail, in-person. Processing: 7-10 business days.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated by decedent in a Self-Directed Disposition Authorization document per § 73-11-58(1) (supersedes all below); then Person designated by decedent under federal law (DD Form 93) if decedent died during military service (§ 73-11-58(1)(a)); then Surviving spouse (§ 73-11-58(1)(b)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $75,000. Informal (unsupervised) probate available.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the Chancery Court of the county where the decedent had a fixed place of residence (testate, if no fixed residence: the county where devised land lies. Intestate, if no fixed residence: the county where the intestate owned land; if none, the county where the intestate died). E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fee $143. Informal probate available. Typical duration: 6-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Chancery clerk, after the will is admitted / the representative is appointed and the representative takes the statutory oath and gives any required bond. The state's title for the role is Personal Representative (Executor/Executrix if testate; Administrator/Administratrix if intestate). Typically filed with the petition: Original will and any codicils, with a copy of the will attached as an exhibit to the petition (UCCR 6.15); Petition to admit the will to probate / for letters (attorney-drafted, personally signed and sworn to by the fiduciary — UCCR 6.14) under Miss. Code § 91-7-1 et seq.; Death certificate — NOT required by any Mississippi statute, court rule, or official form as a condition of opening an estate or obtaining Letters; commonly supplied at intake. (A CERTIFIED copy is required by statute only downstream, to obtain a deceased user's digital assets from a custodian — § 91-23-13.); Oath of the executor/administrator (taken at or before Letters issue); Fiduciary bond unless waived in the will (§ 91-7-45) or waived/reduced by the chancellor (§ 91-7-67); Entry of appearance of the fiduciary's Mississippi-licensed attorney (UCCR 6.02).

After a Death in Mississippi

The first step in settling an estate in Mississippi is evaluating the estate's size and how assets are titled. Estates under $75,000 may bypass formal probate entirely. Trust-held assets transfer outside probate regardless of value.

Creditors in Mississippi have 3 months to file claims after notice is published. This claim period sets a minimum timeline for estate settlement. Simple estates typically close in 6 months to 12 months, while contested or complex estates take longer.

The executor or personal representative in Mississippi manages all estate affairs during the settlement period. Mississippi requires an executor bond by default. A bond waiver in the will eliminates this expense. Mississippi provides a family allowance for eligible survivors during administration (Miss. Code § 91-7-135). The Mississippi executor fee calculator covers what that work can charge.

Total settlement costs depend on estate size, complexity, and whether disputes arise. Attorney fees, executor compensation, court filing fees, and publication costs total about $23,712 on a $500,000 estate. A revocable living trust bypasses this entire process — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Mississippi statutes and official state code. How we research.

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Loss of a Spouse

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Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

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Named as Trustee

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Calculators and checklists for executors and trustees.

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Petition for Probate and Letters

Prepare the application to open probate and request Letters Testamentary or of Administration.

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Notice to Creditors

Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.

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Renunciation of Executor

Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.

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Small Estate Affidavit

Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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