Mississippi
Estate law, probate process, and inheritance rules for Mississippi — in plain language.
$2,000–$4,000 typical
Affidavit Miss. Code Ann. §91-7-322
Elective share + homestead allowance
Spouse + descendants: equal shares with descendants taking by representation.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 90 days of death
- ⏱Notice to creditors: 90 days publication
- ⏱Inventory: within 2 months of appointment
- ⚠MS Chancery courts handle probate — local practice varies by district
- ⚠Homestead has specific MS-only protections
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state tax burden — probate avoidance via trust if estate > $500K
- →Annual beneficiary review
- Mississippi Code Title 91 (Trusts and Estates)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Mississippi.
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