Probate in Mississippi

Overview

Mississippi does not follow the Uniform Probate Code, instead operating under its own probate statutes administered through the Chancery Court system. The state offers several simplified procedures including a small estate affidavit (up to $75,000), a muniment of title option for transferring real property, and a special bank account affidavit. Mississippi does not impose a state estate or inheritance tax. The Chancery Court is a court of equity with broad jurisdiction over estates, trusts, and property matters.

Key Facts

• Governing Law: Mississippi Code, Title 91 (Trusts and Estates)
• Court: Chancery Court
• Small Estate Threshold: $75,000
• Typical Timeline: 6 to 12 months for standard estates; contested estates can take 1 to 2 years
• Follows UPC: No

What Makes Mississippi Unique

• Muniment of Title — Under Miss. Code § 91-5-35, when a decedent had a will naming property recipients and personal property is within the $75,000 threshold with all debts paid, the will can be admitted as a muniment of title to transfer real property without full administration.
• Small Estate Affidavit Priority System — The small estate affidavit ($75,000 threshold) has a specific statutory order of eligible successors: surviving spouse first, then children, grandchildren, parents, and siblings — each group only if no members of the prior group exist.
• Bank Account Affidavit — Under Miss. Code § 81-14-383, bank accounts up to $12,500 can be claimed by inheritors when the decedent died without a will, using a special affidavit with a bond guaranteeing payment of lawful debts.
• Chancery Court System — Mississippi's use of the Chancery Court (a court of equity) for probate matters is distinctive. The Chancery Court has broad equitable powers and can fashion remedies not available in courts of law, which can benefit estate administration.
• 2020 Threshold Increase — S.B. 2850 (effective July 2020) significantly increased both the small estate affidavit and muniment of title thresholds from $50,000 to $75,000, making simplified procedures available to more estates.

Probate Process Steps

1. File petition for probate with the Chancery Court in the county where the decedent resided
2. Submit the original will (if one exists) to the Chancery Clerk
3. Court admits will to probate and appoints executor or administrator
4. Executor or administrator posts bond as required by the court
5. Publish notice to creditors in a local newspaper for three consecutive weeks
6. Inventory and appraise all estate assets within 90 days of appointment
7. Allow creditor claims period (90 days from first publication of notice)
8. Pay valid debts, taxes, and administration expenses
9. File accounting with the Chancery Court
10. Petition for final distribution and obtain court approval to close the estate

Costs & Fees

Fee Structure: Mississippi does not have a statutory fee schedule for attorney or executor compensation. Attorney fees are based on reasonable compensation and are often charged as a percentage of the estate (typically 3–5%) or on an hourly basis. Executor compensation is set by the court based on the size and complexity of the estate.

Typical Attorney Fees: $2,000 – $6,000 for standard estates; larger or contested estates may cost significantly more

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($200–$400), publication costs ($150–$400), bond premiums, and certified copies

The small estate affidavit and muniment of title procedures can significantly reduce costs for qualifying estates. Bond premiums are an additional cost that varies based on estate size. Mississippi does not impose a state estate or inheritance tax, which reduces overall administration costs.

Frequently Asked Questions