Mississippi Last Will and Testament

Mississippi has specific laws that affect how a last will ensures your property is correctly handled when you pass away. Find out more about the specific laws that affect last wills in Mississippi, how to get a last will, how to change a last will, and more.

Start your will today

Trustpilot star rating bar
A man checking on his laptop about creating a Mississippi last will and testament.

Contents

Updated on: January 31, 2025
Read time: 4 min

A last will and testament is an important step in planning the distribution of your estate (real and personal property) upon your death. Mississippi wills permit the testator, the person writing the will, to provide for a spouse, children, or other loved ones after his death, as well as to name a personal representative for the estate.

Not to be confused with a will, a Mississippi living will, or an advance healthcare directive, provides instructions should you become incapacitated and incapable of making decisions regarding your medical care.

Do you need a last will and testament?

Although a last will and testament is not legally required, without a will, the laws of intestacy determine the distribution of an estate's assets. Because the outcome may not coincide with the decedent's wishes, it is generally advisable to create a last will and testament.

In addition to providing the opportunity to direct asset distribution, a Mississippi last will and testament form also allows the testator to make a charitable gift, create a trust for any person, or name a legal guardian for minor children.

Before the terms of a Mississippi last will and testament can be effectuated, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

Mississippi also offers shortcut options for small estates, including claiming property through an affidavit and using a simplified procedure for estates worth $500 or less.

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.
check
State-specific and attorney-backed
check
Step-by-step instructions
check
Save and edit anytime
Create my will

Other recognized wills in Mississippi

Mississippi recognizes nuncupative (oral) wills in certain specific circumstances.

Changing a Mississippi last will and testament

A Mississippi will may be changed at any time by codicil, a type of amendment to the will, which must be executed in the same way as a will.

Revoking a Mississippi last will and testament

The revocation of a Mississippi will can be accomplished in the following ways:

  • By executing a subsequent will, codicil, or other writing; or
  • By “destroying, canceling, or obliterating” the document, done by either the testator or by someone else at his direction in his conscious presence.

When you are ready to make a last will, LegalZoom can help. We can help you start a last will online in three easy steps.

Start your will todayStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

16 days ago
Trustpilot star rating bar

User-Friendly Will & Estate Plan Process

The process to create a personal Will & Estate Plan, including a power of attorney and advanced medical directive was very user friendly and fast. The signing directions and explanatory documentation was also very helpful. The cost was reasonable and the on-line assistance chat feature allowed for quick resolution of a special request.

COH
45 days ago
Trustpilot star rating bar

First pass at Estate Plan, prior to receiving Documents

Preparation of documents for an estate plan was quick and easy. Meeting with the attorney went well. He had reviewed my very straight forward documents and found no problems.

Donald Heft
76 days ago
Trustpilot star rating bar

LegalZoom.com…a company you can trust

It’s just a great company to deal with. I am so glad I chose them to help me with my living will/estate plan!

Joseph Austin
93 days ago
Trustpilot star rating bar

Legal Zoom is very easy estate planning.

This was very easy to do, and Beth was very patient and so helpful with the process. I appreciate the time she took to make sure I had everything covered. It is very reassuring to know I have my final wishes on paper.

Glennis Hogan
106 days ago
Trustpilot star rating bar

legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
106 days ago
Trustpilot star rating bar

I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
115 days ago
Trustpilot star rating bar

We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
118 days ago
Trustpilot star rating bar

Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
121 days ago
Trustpilot star rating bar

LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
Rated4.6out of 5 based on25,027+ reviewson

Showing our favorite reviews