Probate Shortcuts in Mississippi

The probate process can be long and drawn-out, costing your survivors time as well as money. Fortunately, Mississippi offers probate shortcuts for "small estates." If the property you leave behind at your death is below a certain amount, Mississippi allows the property to be transferred more quickly and with less hassle. In other words, if your estate qualifies as "small," your loved ones may be able to use simplified probate procedures, or even skip probate entirely.

Collecting Property With a Small Estate Affidavit

Mississippi offers a procedure that allows inheritors to skip probate altogether. It's called an "affidavit of successor" or "small estate affidavit." The affidavit can be used only to collect personal property—in other words, not real estate. To be able to use the small estate affidavit, the estate (the property you own at death) must meet these requirements:

• the value of the estate doesn't exceed $75,000
• no application or petition for appointment of personal representative is pending or has been granted in any jurisdiction (so if a probate proceeding has already started, the estate probably won't qualify), and
• at least 30 days have elapsed since the death.

(Miss. Code § 91-7-322 (2024).)

The affidavit can be used only by a "successor," which is defined as (1) a surviving spouse, (2) a child if there's no surviving spouse, (3) a grandchild if no spouse or child survives, or (4) a parent or sibling if none of the previously mentioned family members are living. (Miss. Code § 91-7-322 (2024).)

Claiming Property With a Simple (Small Estate) Affidavit

If the estate is eligible for a small estate affidavit, an inheritor can prepare an affidavit stating that the estate meets the above requirements and:

• the inheritor is entitled to a certain asset
• the inheritor qualifies as a successor (see above) of the deceased person
• instructions for distributing the property to the inheritor, and
• the inheritor's duty to distribute the property to anyone who has a superior claim to it.

(Miss. Code § 91-7-322 (2024).)

When the person or institution holding the property—for example, a bank where the deceased person had an account—gets the affidavit and a copy of the death certificate, it releases the asset. (Miss. Code § 91-7-322 (2024).)

There's another process for bank accounts, up to $12,500, if there is no will. An inheritor can present an affidavit to claim the money. The inheritor also must sign a bond guaranteeing to pay any lawful debts of the deceased person to the extent of the withdrawal. (Miss. Code § 81-14-383 (2024).)

Simplified Probate Procedures in Mississippi

Mississippi has additional shortcuts for small estates that can save your love ones time and money.

Muniment of Title

For some small estates, real estate can pass to inheritors without formal probate through a process called "muniment of title." If your estate meets the following requirements, it will qualify for muniment of title:

• you had a will that named a person who should receive the real estate
• the total value of your estate—other than real estate—is $75,000 or less, and
• all of your debts, including taxes, have been paid.

(Miss. Code § 91-5-35 (2024).)

The personal representative must sign the petition under oath stating that the estate meets the above requirements. If the court hasn't appointed a personal representative, the requesting inheritor, the surviving spouse, and the rest of the inheritors in the will must sign the petition under oath. (Miss. Code § 91-5-35 (2024).)

Notice Shortcuts for Small Estates in Mississippi

Formal probate in Mississippi has detailed notice requirements, including publishing notice to potential creditors in the newspaper. If an estate has a total value of $500 or less, the court won't require newspaper notice. Instead, notice will be posted at the courthouse and two other places in the county for 30 days. (Miss. Code § 91-7-147 (2024).)

For More Information

For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo), or Estate Planning Basics, by Denis Clifford (Nolo).

For more on Mississippi estate planning issues, see our section on Mississippi Estate Planning.