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.

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.

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.

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.