Mississippi Last Will and Testament

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Mississippi, in the absence of a will, a surviving spouse inherits the entire estate unless there are also surviving children, in which case the spouse’s share varies based on the number of children.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to the ability to distribute property

Not all property can be distributed according to a will. Some exceptions in Mississippi include the following:

• Property owned in joint tenancy with right of survivorship
• Life insurance policy and retirement account proceeds
• Elective share of the surviving spouse if excluded from the will
• Share for a child born after the execution of the will

Form a last will in Mississippi

The basic requirements for a Mississippi last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of “sound and disposing mind.”
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: A Mississippi will must be signed by at least two disinterested witnesses in the presence of the testator if the will was not entirely written and signed by the testator.
• Writing: A Mississippi will must be in writing, except as noted below.
• Beneficiaries: A testator can leave property to anyone.