{"id":374417,"date":"2016-03-31T21:35:46","date_gmt":"2016-04-01T02:35:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-wills-laws.html"},"modified":"2023-04-18T12:14:00","modified_gmt":"2023-04-18T17:14:00","slug":"mississippi-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-wills-laws.html","title":{"rendered":"Mississippi Wills Laws"},"content":{"rendered":"\n
\n \n
\n

Mississippi Wills Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most of us would like our property and assets to go to our loved ones when we die. If you don\u2019t have a will listing your desired heirs, the state you live in when you pass on will use its intestate succession laws<\/a> to determine who inherits from you. This may not be a problem from some people, but for others it can be. For example, if you have no biological or adopted family members still alive, your friends and favorite charities won\u2019t inherit from you through intestate succession. Also, you may need a will if you have a child with a gambling<\/a> problem that you\u2019d like to disinherit, but want to give money to his or her children, your grandkids.<\/p>\r\n

Mississippi law regulates how a will can be created<\/a>, revoked, updated, and probated<\/a> (administered or assets transferred). The following table outlines the main will<\/a> laws in Mississippi.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nMississippi Code Title 91: Trusts & Estates, Chapter 5: Wills & Testaments<\/td>\r\n<\/tr>
Age Requirements<\/b><\/td>\r\nAnyone at least 18 years old<\/a> and of sound mind can create a will in Mississippi.<\/td>\r\n<\/tr>
Legal Requirements for a Valid Will<\/b><\/td>\r\nTo execute a valid will<\/a>, the \u201ctestator\u201d or creator of the will must:
\r\n
    \r\n
  • Sign the will or have another person sign it at his or her direction and in his or her presence<\/li>\r\n
  • If not completely written by the testator, there must be two or more credible witnesses who attest to the will in the testator\u2019s presence<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Witnesses<\/b><\/td>\r\nThere must be at least two credible witnesses. Witnesses should NOT be persons that will receive anything from the will. If the will can\u2019t be proven without a witness (for example, he or she is one of two witnesses rather than the only one of five who\u2019s getting a gift), the bequest<\/a> or gift to the witness will be void.<\/td>\r\n<\/tr>
Revocation of Will<\/b><\/td>\r\nA will can be revoked<\/a> by the testator destroying, canceling, or obliterating it or having someone else do it in his or her presence.<\/td>\r\n<\/tr>
Oral or Nuncupative Wills<\/b><\/td>\r\nMississippi is one of the few states where oral or nuncupative<\/a> wills are valid. An oral will must be made at time of the last illness of the deceased at his or her home or where he resided for 10 days prior to death (except when sick and he or she dies before returning home).
\r\n
\r\nThe most that can be given by an oral will is $100, unless the nuncupative will can be proved by two witnesses that the testator called on to bear testimony that this was his or her will.
\r\n
\r\nA nuncupative will can\u2019t be taken to probate court<\/a> for at least 14 days and the surviving spouse or next of kin, if Mississippi residents, have been summoned to contest the will<\/a>, if they think it\u2019s appropriate. Also, it must be brought to probate court within 6 months of the testamentary words unless the words were put in writing within 6 days of being said.<\/td>\r\n<\/tr>
Holographic or Handwritten Wills<\/b><\/td>\r\nA holographic or handwritten will<\/a> is valid in Mississippi if it\u2019s testamentary in character (i.e. intended to be a will, not just a letter to a friend) and is wholly written, dated, and signed by the testator or creator of the will.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

If you\u2019re ready to draft a will, you can do so on your own or through the help of a will clinic through a local law school, senior center, or other organization. You can also start with the samples available at FindLaw Estate Planning Tools and Forms<\/a> Section to create a will. However, if you have a lot of assets, it\u2019s usually a good idea to consult with an experienced Mississippi estate planning lawyer<\/a>. A lawyer can explain your estate planning options, such as trusts<\/a>, living wills<\/a>, and more.<\/p>\r\n

Note:<\/i><\/b> State laws are updated frequently, so it\u2019s best to contact an attorney or conduct your own legal research to verify these estate planning laws.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n