Probate in Mississippi: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Mississippi, family can collect money and personal property with a small estate affidavit if the whole probate estate is $75,000 or less, 30 days after death. Larger estates go through chancery court. A transfer-on-death deed can pass a house without court. Mississippi has no estate or inheritance tax.

When someone dies in Mississippi, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Sometimes the answer is no. Mississippi has a small estate affidavit, a short-form way to probate a will for land, and a deed that passes a house at death. This page covers each one, plus who inherits if there is no will. It is part of our estate planning guides by state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Mississippi?

Yes, if the estate is small enough. Thirty days after death, anyone holding the person's money or personal property must hand it over to the "successor" who presents an affidavit (Miss. Code Ann. 91-7-322).

The affidavit must say:

The entire probate estate, wherever located, less liens, is $75,000 or less.
At least 30 days have passed since the death.
No personal representative has been appointed or applied for anywhere.
Why the person signing is the successor.

The successor is, in order: the spouse; if none, any child; if none, any grandchild; if none, either parent or any sibling.

Older articles online say $50,000. The limit rose to $75,000 in 2020, and a 2025 bill to raise it to $100,000 died in committee (2025 HB 164 status).

What about land, if there's a will?

Mississippi has a short path for that too. A will can be admitted to probate as a "muniment of title only," which means the court accepts the will to pass the land, without a full administration (Miss. Code Ann. 91-5-35).

It works when the Mississippi estate, leaving out real estate and exempt property, is within the same $75,000 limit, and all known debts and taxes are paid. The executor signs the petition, or if there is none, the spouse and the people who inherit the land.

Who inherits if there's no will?

Mississippi's intestacy law decides (Miss. Code Ann. 91-1-3 and 91-1-7). Mississippi is not a community property state.

If you are married:

With no children or grandchildren, your spouse takes everything. Parents and siblings get nothing.
With children, your spouse takes a "child's part," an equal share with each child. A spouse and two children each take one-third. Grandchildren share a deceased child's part.

If there is no spouse, the estate goes in this order:

Children, and the descendants of any child who died, in equal parts.
Brothers and sisters together with your mother and father, in equal parts. Children of a sibling who died take that sibling's share.
Grandparents, uncles and aunts, in equal parts.
The next of kin in equal degree.

Personal property passes the same way as land (Miss. Code Ann. 91-1-11). Friends never appear on this list. If you want a friend, a church or a neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as executor or administrator?

With a will, the executor you named is entitled to serve, unless disqualified as under 18, of unsound mind or a convicted felon (Miss. Code Ann. 91-7-35).

Without a will, the chancery court appoints an administrator from the relatives who apply (Miss. Code Ann. 91-7-63):

The husband or wife comes first.
Then others next in line to inherit, choosing the one best able to manage the estate.
If the family can't serve, the court may choose an outsider, a Mississippi trust company or a national bank doing business in Mississippi.
If nobody applies within 30 days of death, a creditor or another suitable person.

Either way, the person serving is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone who lives out of state serve?

Yes. Mississippi has no residency bar for executors (Miss. Code Ann. 91-7-89). The court can revoke the letters of a representative who lives elsewhere and fails to file yearly accounts or neglects the estate.

One more cost to know: executors give a bond equal to the full value of the estate, with sureties the court approves (Miss. Code Ann. 91-7-41).

How does the court process work?

Mississippi has no informal or independent probate. Estates are handled under the supervision of the chancery court from start to finish. The small estate affidavit and the muniment of title path are the simplified options.

The creditor window is short. The executor makes a diligent effort to find creditors, mails them notice, and publishes a notice for three weeks in a row. Debts must be filed with the chancery clerk within 90 days of the first publication, or they are barred, even if the executor knew about them (Miss. Code Ann. 91-7-145, 91-7-151).

Our post on the probate process walks through the steps in general terms.

How much is the executor paid?

There is no percentage schedule. The chancellor allows whatever sum seems proper for the size of the estate and the trouble involved, plus necessary expenses and reasonable lawyer's fees (Miss. Code Ann. 91-7-299). Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, since July 1, 2020, with a transfer-on-death deed (Miss. Code Ann. 91-27-9 to 91-27-21).

What to know:

It must look like a recordable deed, be acknowledged, and say the transfer happens at your death.
It must be recorded with the chancery clerk in the county where the land sits before you die.
The beneficiary doesn't have to be told or accept it.
Tearing it up doesn't revoke it. You need a later recorded instrument, such as a new transfer-on-death deed.
The beneficiary takes the house subject to any mortgage or lien.

A living trust is the other common way to keep a home out of court, with a trustee in charge. Our post on how to avoid probate compares the options.

Will my heirs owe Mississippi estate or inheritance tax?

No. No Mississippi estate tax return is required for deaths on or after January 1, 2005, and Mississippi has no inheritance or gift tax (Mississippi Department of Revenue).

Which path fits?

Situation	Likely path
Probate estate of $75,000 or less, 30 days have passed	Small estate affidavit
A will, land in Mississippi, other property under the limit, debts paid	Will probated as muniment of title
House with a recorded transfer-on-death deed	Passes to the beneficiary without court
Larger estate, or no simpler option fits	Full administration in chancery court

Here is a typical case, a composite. Betty, 76, lived in Meridian and never married. Her house had a recorded transfer-on-death deed naming her nephew. Her bank accounts came to about $40,000. A month after Betty died, her sister used the affidavit for the accounts, and the house passed to her nephew without a court case.

Some people would rather not leave this to a relative in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Mississippi financial power of attorney guide and Mississippi medical power of attorney guide.

Common questions

What is the small estate limit in Mississippi?

$75,000 for the entire probate estate, less liens, and the family must wait 30 days after death. The limit has been $75,000 since 2020.

Does a surviving spouse inherit everything in Mississippi?

Only if there is no will and no children or grandchildren. With children, the spouse takes an equal share with each child.

How long do creditors have in Mississippi probate?

90 days after the first published notice to creditors. Debts not filed with the chancery clerk by then are barred.

Can someone who lives in another state be executor in Mississippi?

Yes. Mississippi has no residency bar. The court can remove an out-of-state executor who neglects the estate.

Does Mississippi have an inheritance tax?

No. Mississippi has no inheritance tax, no gift tax, and no estate tax for deaths since 2005.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

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