What Families Need to Know After a Death in Mississippi

Mississippi handles probate through the Chancery Court — a court of equity that also handles divorce, real property disputes, and guardianships. Its small estate affidavit is limited to probate estates of $75,000 or less, so many estates will need to open some form of probate. The state has no estate tax and recognizes both witnessed wills and holographic wills. Mississippi's Medicaid recovery rules are relatively standard. This guide covers the six areas where Mississippi law most affects what you need to do after a death.

Probate
Probate & Small Estate Rules in Mississippi

Mississippi probate is filed with the Chancery Court in the county where the deceased lived. Unlike most states, Mississippi's chancery courts are courts of general equity jurisdiction — they handle probate alongside property disputes, divorces, and guardianships. The same judge who oversees your probate case may be handling a contested land title in the same courtroom.

Mississippi's small estate affidavit threshold is $75,000. Under Miss. Code § 91-7-322, when the value of the entire probate estate, excluding liens and encumbrances, is $75,000 or less, a successor can collect the deceased's personal property by presenting a sworn affidavit 30 days after the date of death. Real property is excluded from this process entirely. Any estate that includes land — regardless of value — requires formal probate or a non-probate transfer mechanism such as joint tenancy with right of survivorship, a transfer-on-death (TOD) deed, or a living trust.

Mississippi does recognize TOD deeds, which allow real property owners to name a beneficiary who receives the property automatically at death without going through probate. If the deceased owned real estate, one of the first questions to ask is whether a TOD deed or living trust was already in place.

When formal probate is required, the Chancery Court appoints a personal representative — called an executor if there is a will, or an administrator if there is not. After appointment, the executor publishes a creditor notice. Creditors then have 90 days from the date of first publication to file claims against the estate. Mississippi personal representative compensation is whatever the court allows as proper; the statute sets no percentage (Miss. Code § 91-7-299). Most Mississippi probate estates close within 6 to 12 months.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Mississippi. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Mississippi

A valid attested will in Mississippi requires the testator's signature plus the signatures of two credible witnesses who sign in the testator's presence (Miss. Code § 91-5-1). Notarization is not required for the will itself to be valid, but a self-proving affidavit — signed and notarized at the time the will is executed — simplifies probate by allowing the will to be admitted without live witness testimony. Attorneys routinely prepare self-proving affidavits as part of the will-signing ceremony.

Mississippi also recognizes holographic wills — wills that are entirely handwritten and signed by the testator, with no witnesses required (Miss. Code § 91-5-1). A holographic will is legally valid in Mississippi, but the Chancery Court will require proof that it is genuine. This adds a step that a standard attested will avoids. Holographic wills are also more frequently challenged on grounds of authenticity or capacity.

If you find a handwritten document that may be a will, do not discard it. Present it to the Chancery Court — a handwritten will can be valid in Mississippi only if it is wholly written and signed by the testator (Miss. Code § 91-5-1). The court will determine whether it qualifies.

If a person dies without a valid will, the estate passes under Mississippi's intestate succession statute (Miss. Code § 91-1-7), which distributes assets to the closest surviving relatives in a fixed order: children first, then parents, then siblings, and so on. A surviving spouse's intestate share depends on whether children also survive — see the spousal rights section below.

Advance Directive
Mississippi Advance Directives

Mississippi uses two separate documents for advance healthcare planning, rather than the single combined form used by many states.

The Advance Health Care Power of Attorney (AHCPOA) designates a healthcare agent — someone authorized to make medical decisions on your behalf if you become unable to make them yourself. The Living Will is a separate statement of treatment preferences, including end-of-life wishes such as whether you want life-sustaining treatment continued or withdrawn if you are in a terminal condition or persistent vegetative state.

Both documents require the principal's signature plus two witnesses. Witnesses cannot be the named healthcare agent, a relative who would inherit from the person, or anyone who would benefit financially from the person's death. This restriction is designed to prevent conflicts of interest at a vulnerable moment.

Mississippi also recognizes a Do Not Resuscitate (DNR) order — a physician-signed medical form for patients who do not wish to be resuscitated. A DNR is distinct from the Living Will: the DNR is a physician order that travels with the patient and directs emergency responders, while the Living Will is a personal statement that guides longer-term care decisions.

The healthcare agent's authority under the AHCPOA ends at death. At that point, the personal representative of the estate — not the healthcare agent — takes over legal responsibility for the deceased's affairs.

Spousal Rights
Surviving Spouse Rights in Mississippi

Mississippi is not a community property state. Property acquired during the marriage is owned by whichever spouse earned or purchased it — there is no automatic joint ownership of marital assets the way there is in California, Texas, or other community property states.

Under Mississippi's intestate succession law (Miss. Code § 91-1-7), if a person dies without a will, the surviving spouse's share depends on whether children survive:

• If the deceased is survived by both a spouse and children (from this or a former marriage), the spouse receives a child's share — the estate is divided equally among the spouse and the children, with descendants of a deceased child taking that child's share.
• If the deceased leaves no children, the surviving spouse takes the entire estate.

Mississippi abolished the old common-law doctrines of dower and curtesy in 1880. Instead, a surviving spouse whose spouse's will does not make satisfactory provision for them can renounce the will by filing a renunciation within 90 days after the will is probated (Miss. Code § 91-5-25). The spouse then takes the share they would have received if there were no will — except that if the deceased left no children or descendants, the renouncing spouse's share is limited to one-half of the estate.

If the will makes no provision at all for the surviving spouse, no renunciation is needed; the spouse automatically has the same right to share in the estate (Miss. Code § 91-5-27). Because the 90-day deadline is short, families dealing with a will that leaves a spouse little or nothing should consult a Mississippi estate attorney promptly.

Mississippi also provides homestead rights: a householder's homestead exemption protects up to $75,000 in value of the family residence from most creditors (Miss. Code § 85-3-21). This protects the household from being immediately distributed or sold during estate administration.

Vehicle Transfer
Transferring a Vehicle After Death in Mississippi

How a vehicle transfers depends on how the estate qualifies and how the vehicle was titled.

For estates that qualify for the small estate affidavit (entire probate estate of $75,000 or less), the vehicle can be transferred using the affidavit at the Mississippi Department of Revenue (DOR). The successor presents the sworn affidavit, a certified copy of the death certificate, and the existing title. This process avoids the need for a court order.

For vehicles in a formal probate estate, the personal representative transfers title using Letters Testamentary — the court document that authorizes the executor to act on behalf of the estate. The executor takes the Letters Testamentary, the death certificate, and the existing title to Mississippi DOR to complete the transfer.

Jointly titled vehicles with right of survivorship transfer automatically to the surviving co-owner. The surviving owner presents a death certificate to Mississippi DOR — no court involvement is required.

Vehicles held in a living trust transfer to the successor trustee under the terms of the trust document, without any court process or DOR affidavit. This is one of the practical advantages of a revocable living trust for vehicle owners who want to avoid probate for their vehicle.

Medicaid Recovery
Mississippi Medicaid Estate Recovery

Mississippi Medicaid, administered by the Division of Medicaid, seeks reimbursement from the estate of a deceased recipient who was 55 or older when benefits were received (23 Miss. Admin. Code Part 306, Rule 1.8).

What the state can reach

The Division's rule says estate property includes any real or personal property owned by the recipient in its entirety or by shared ownership. The same rule says ownership of a life estate interest, and property that was transferred into a trust, is not subject to estate recovery. The rule does not say how survivorship property is treated, so do not assume jointly owned property is protected. Ask the Division in writing.

When recovery does not apply

Under the rule, estate recovery does not apply when the recipient has a legal surviving spouse living in the home, a surviving dependent child under 21 living in the home, or a dependent blind or disabled child of any age living in the home. It also does not apply when an undue hardship exists, such as when a blood relative lived in the home for at least one continuous year and cared for the recipient, or when the property is a source of family income, like a family farm. The Division is also treated as a creditor against the estate of a deceased recipient (Miss. Code § 91-7-145), so contact it before you distribute assets.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.

Frequently Asked Questions

Does Mississippi require probate for every estate?

Not always, but Mississippi's small estate affidavit is available only when the whole probate estate is worth $75,000 or less, so many estates — especially those that include real property — will need some form of court involvement through Chancery Court.

Is Mississippi a community property state?

No. Mississippi is a common-law property state. Spouses do not automatically own half of each other's property acquired during the marriage, but a surviving spouse who is not adequately provided for in a will can renounce it and take a share of the estate (Miss. Code § 91-5-25).

Are holographic wills valid in Mississippi?

Yes. Mississippi recognizes entirely handwritten and signed wills (holographic wills) under Miss. Code § 91-5-1. No attesting witnesses are required, but the will must be wholly written and signed by the testator, and the Chancery Court will require proof that it is genuine.

How long does Mississippi probate take?

Most Mississippi probate estates close in 6 to 12 months. The creditor claim period is 90 days from the date of first publication of notice, which sets the minimum timeline for distributing assets.

Does Mississippi have an estate tax?

No. Mississippi does not impose a state estate tax or inheritance tax. Only the federal estate tax may apply, and that only affects estates above the federal exemption threshold ($15 million in 2026).

Can Mississippi Medicaid recover from assets in a living trust?

The Division's rule says property that was transferred into a trust is not subject to estate recovery, and neither are life estate interests. The rule does include property owned by shared ownership, so jointly owned property may be reachable. Ask the Division in writing how a specific asset is treated.