Mississippi Estate Planning — Best Essential Guide (2026)

✓ Verified June 2026

This guide covers Mississippi estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Mississippi law, verified as of June 2026.

Mississippi Will Requirements at a Glance

Here are the exact rules for making a valid will in Mississippi:

What a Mississippi Will Does (and Doesn’t Do)

A Mississippi will allows you to name an executor (called an “executor” or “personal representative”) to manage the estate through probate, name a guardian for minor children, direct how your probate assets are distributed, make specific bequests of personal property or real estate, and establish testamentary trusts; under Miss. Code Ann. section 91-5-35, a will devising real property may also be admitted as a muniment of title

What a Mississippi will does NOT control: A Mississippi will does not control assets that pass outside of probate, including life insurance proceeds with a named beneficiary, retirement accounts (401k, IRA) with designated beneficiaries, payable-on-death or transfer-on-death bank and brokerage accounts, property held in joint tenancy with right of survivorship, and assets already placed in a living trust;

a will also cannot override a surviving spouse’s right to renounce the will and claim an intestate share under Miss.

Code Ann. section 91-5-25

Oral wills in Mississippi: YES — Mississippi recognizes nuncupative (oral) wills under Miss.

Code Ann. section 91-5-15, but only under narrow conditions: the will must be made during the testator’s last sickness, at the testator’s habitation or a place where the testator resided for at least 10 days before death; if the bequest exceeds 100 dollars, two witnesses must confirm the testator called on someone present to bear testimony;

the will must be offered for probate within 6 months of the words being spoken unless reduced to writing within 6 days

How to Update or Revoke a Mississippi Will

A Mississippi will may be amended by executing a codicil, which must meet the same formalities as a will — written, signed, and attested by two witnesses (or entirely handwritten if holographic); a will may be revoked entirely under Miss.

Code Ann. section 91-5-3 by physical destruction (tearing, burning, canceling, or obliterating the document, by the testator or by someone in the testator’s presence and at the testator’s direction) or by executing a subsequent will, codicil, or written declaration with the same formalities as a will; partial revocation by obliterating specific clauses is also permitted

Other Mississippi will-making rules: Mississippi probate is handled by Chancery Courts, not a separate probate court; Mississippi has not adopted the Uniform Probate Code; a surviving spouse who is not satisfied with the will’s provisions may file a renunciation within 90 days after probate under Miss.

Code Ann. section 91-5-25 and take an intestate share (up to one-half of the estate); children born after the will is made may be entitled to an intestate share under Miss. Code Ann. section 91-5-5 unless the will provides otherwise; bequests to a beneficiary who predeceases the testator may not lapse if that beneficiary left descendants, under the anti-lapse statute at Miss.

Code Ann. section 91-5-7; a subscribing witness who receives a devise under the will may have that gift voided under Miss. Code Ann. section 91-5-9 if there are not at least two other disinterested witnesses; Mississippi does not recognize electronic wills or video wills; someone else may sign the will on the testator’s behalf if done in the testator’s presence and by express direction

Understanding Mississippi Estate Planning

Getting started with Mississippi estate planning is the single best gift you can give your family. A valid Mississippi will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.

When people look into Mississippi estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Mississippi estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.

Official Mississippi Sources & Resources

• Mississippi Court Self-Help: https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php
• Mississippi Wills Statute: https://law.justia.com/codes/mississippi/title-91/chapter-5/
• Internal Revenue Service — Estate Tax: irs.gov
• Cornell Legal Information Institute: law.cornell.edu/wex

This Mississippi will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Mississippi Wills & Probate Guides

• Mississippi Probate Process
• Dying Without a Will in Mississippi
• Mississippi Estate & Inheritance Tax
• Mississippi Small Estate Affidavit
• Mississippi Living Trust
• Probate Cost Calculator
• All 51 States

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.