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Fast, easy, reliable Mississippi will forms

If you die without a valid will in Mississippi, your possessions will pass according to Mississippi’s default laws (“intestate succession“). Your estate will be divided without your consent if you don’t create a will. Additionally, your heirs can contest a will if they believe it to be invalid or feel that you were unduly influenced in making the will. This can lead to your last will being revoked and your assets passing via intestate succession. Alternatively, the control of a will remains with you throughout your life.

With FindLaw, you can easily create a will. Click on the links below to jump down the page:

Last updated: January 25, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

Mississippi will options to suit your needs

Last Will and Testament
For One Person

A do-it-yourself last will that’s easy to personalize.

$79

What’s included:

Step-by-step guided process

Attorney-approved document compliant with your state’s laws

A last will and testament that’s customized to your wishes

Free changes and revisions to your will for up to one full year after purchase

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BEST VALUE

Estate Planning Package
For One person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Health care directive

Power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

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How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

What’s next to make my Mississippi will valid?

If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:

Gather your information

To prove testamentary (or mental) capacity, you must be able to show that you know the extent of your estate. Perform an inventory of your land, vehicles, and personal effects. This includes jewelry, heirlooms, etc. Ensure you gather the account numbers for your bank accounts and instructions on what will happen to them when you pass away.

Identify your executor or personal representative

An executor or personal representative is responsible for executing your will. Name a person you trust. A family member, friend, organization, attorney, or law firm can be your executor or personal representative.

Prepare your will

After you have collected all the relevant information about your estate, you should decide how to distribute your assets. Decide who you would like to give to and make a list of beneficiaries. Begin the process of obtaining a last will and testament with this vital information. FindLaw has developed state-specific will forms to make the process of drafting your Mississippi last will and testament quickly and easily from the comfort of your home.

Find your witnesses

In Mississippi, you will need at least two witnesses for an attested will. Witnesses must be “disinterested” parties.

Obtain necessary signatures for your will

Your two witnesses must sign the will in your presence. You must also sign in your witnesses’ presence.

Notarize your will

Self-proving wills must be notarized. The advantage of a self-proving will is that it expedites the probate process, so your beneficiaries get their inheritances faster. If the will is not self-proving, your heirs must provide the court with affidavits from the witnesses verifying their attendance when the will was signed and that you (the “testator”) signed it in their presence (or directed someone to do it on the testator’s behalf). This process of finding affidavits will slow down the probate process.

You may want to speak with a lawyer if you:

Have a past divorce, blended family, or other complex family situation
Have a high-value estate
Own a business
Want to create a special needs trust
Want legal review of your completed will

Find a local estate planning lawyer

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Frequently asked questions about Mississippi last will and testaments

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What are the requirements for a legally valid Mississippi will?

For a will to be valid in Mississippi, here are three things you must consider:

Age: A testator must be at least 18 years old.
Sound mind: The testator must be of sound mind and disposing memory.
Signatures: The will must be signed by the testator and by two credible witnesses in the presence of each other.

What exactly is testamentary capacity?

Testamentary capacity refers to the testator’s ability to acknowledge making a last will and testament. A testamentary capacity threshold is lower than a contracting capacity threshold. The matter of testamentary capacity is not one set in stone. Still, certain factors help determine whether a testator had the required legal capacity when they made their will. Testators must:

Possess control of their mental faculties
Understand their assets (including what they own and whether they own anything jointly)
Know who will inherit their assets if they do not leave a will
Understand that executing a will results in the distribution of property as described in the will at their death

Is it necessary to notarize wills in Mississippi?

Testators must sign their wills or direct someone else to sign their wills in their presence. In Mississippi, a will does not need to be notarized to be valid; however, it must be notarized to be self-proving. If the will is self-proving, the court will accept it without contacting the witnesses who signed it.

What is the best way to avoid probate in Mississippi?

Probate is the process of transferring property from a deceased person to their beneficiaries after their death. There are several ways to plan your estate so that your property doesn’t have to go through probate. Planning the automatic inheritance of your property after you die is essential to avoiding probate. Mississippi state law permits several ways to avoid probate. Some methods of avoiding probate in Mississippi include:

Create a living trust. You can transfer legal title and ownership from your name into the name of the trust by creating a living trust, which is a legal entity. Living trusts transfer ownership, so the property is not included in your estate. Trusts require you to name a beneficiary. Upon your death, the trust property will automatically transfer to your beneficiaries.
Create a payable-upon-death account or complete a transfer-on-death form. You can choose who inherits your bank account, brokerage account, and even real estate in Mississippi if you have payable-upon-death or transfer-on-death forms. You may be able to establish a payable-on-death beneficiary by visiting your bank and filling out the proper paperwork. You can designate a person who can automatically access your bank account and own your money after you pass away.

Mississippi also allows the transfer of real property in a similar manner. Under Mississippi state law, a deed can be recorded and signed before your death. Although this deed does not transfer ownership to the beneficiary until after you die, the transfer-on-death form removes the real property from your estate. Both of these options avoid probate.

Can I change or revoke my will?

Yes, you can revoke your will. The provisions of your will do not take effect until after your death; therefore, it can be altered or completely revoked at any time before death.

There are two types of revocation in Mississippi law: express and implied. To expressly revoke a will, you need to take physical action. This means that you must destroy the original will or create a new will. However, it is not advisable to merely destroy a will or write a new one. A formal Statement of Revocation may be appropriate.

Revocation is implied if you give a gift to someone in substitute of something you’d bestowed to them in your will. Also, if you have children after you write your will and die without changing it, your assets will pass by intestate succession.

Divorce in Mississippi does not automatically revoke a will. Be sure to update your will if you get divorced or remarried.

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.