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Mississippi Last Will and Testament

Mississippi Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

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Making a valid Mississippi last will and testament can help your loved ones skip a long probate process and get their share of your estate. It would be easy and quick, so they won't have to worry about their finances. Also, you could decide everything from who would get what share to your minor children's guardian. Begin your estate planning now and secure your family's future. 

All the states have varying requirements to make a valid and enforceable last will. If you live in Mississippi, here is what you should follow.

Requirements for a Mississippi Last Will and Testament 

  • Written will: A Mississippi last will and testament must be on paper to be legal. Mississippi doesn't allow audio, video, digital, or electronic wills. Mississippi accepts self-written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Mississippi last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Mississippi last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before you.

Mississippi rules for an oral will

Mississippi State allows oral wills if these conditions are fulfilled:

  1. The testator should make the oral will on their deathbed or the place they were at ten days before they died.
  2. You must state and communicate your last will to two witnesses. 
  3. The testator should die within six months of making the oral will.

Who can be your witnesses for a Mississippi Last Will and Testament? 

Your witnesses for a Mississippi last will must follow these conditions:

  • A Mississippi witness can be anyone who is generally competent for the job.
  • They should be able to testify about what they saw and the will-making process.
  • You can select beneficiaries as your witnesses in Mississippi, but they would lose their estate portion or gift.

Mississippi rules for a personal representative or an executor 

Choosing an executor for your Mississippi last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. The executor must be an adult.
  2. Capable of performing the job, i.e., of a sound mind.
  3. Mississippi restricts people convicted of a felony from being executors.
  4. Mississippi allows you to choose someone out of state as your executor. 

Last will and Testament Notarization in Mississippi 

There's no need to notarize your Mississippi last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.
Mississippi Last Will and Testament

Mississippi Last Will Revocation 

You could follow any of the following methods to revoke your Mississippi last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Making a new legal will that revokes any part or the entire previous will.
  • Asking someone else to destroy your last will.
  • Making a document stating the revocation of the last will. 

Your will would also be automatically revoked if you had a child when you died but didn't when you made the will. However, this condition won't be followed if:

  • The child passes away before turning 21
  • The child dies before they get married or left behind any children of their own

Mississippi Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Mississippi last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Mississippi rules for divorce after making your last will

  • Your Mississippi last will won't be affected or revoked if you divorce after making the will. 
  • The provisions will stand unless you create a new will.
  • It means that your spouse would still get the estate portion or gifts you've mentioned if you divorce them but don't create a new will.

What happens if you don't have a will in Mississippi?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has a spouse and one child

Spouse inherits one-half of the estate 


The child inherits the balance 

Has a spouse and more than one child

Spouse and children inherit in equal parts 

Has parents, no spouse, no descendants 

Parents inherit everything 

Has siblings, no parents, no spouse, no children 

Siblings inherit everything 

Last Will and Testament Mississippi Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Mississippi free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Mississippi last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Mississippi last will and testament. 

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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Frequently Asked Questions

Can I write down my wishes and consider them a legal will?

Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.

What would happen to my estate if I had no immediate family?

If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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