Home › Mississippi › How-To Guide
Mississippi · How-To Guide

Mississippi Statewide Probate Guide

Settling an estate after losing someone is difficult, and Mississippi’s use of Chancery Court instead of a dedicated probate court is worth knowing up front. This guide covers what’s consistent across the whole state. For your specific county’s Chancery Court address and local filing details, see that county’s page.

Where Probate Happens

Mississippi probate is filed in the Chancery Court – a court of equity that also handles divorce, real property disputes, and guardianships – in the county where the deceased lived. Mississippi is governed by Title 91 of the Mississippi Code and has not adopted the Uniform Probate Code.

Important: Mississippi Generally Requires An Attorney

Mississippi’s Uniform Chancery Court Rules (Rule 6.02) require every fiduciary – executor or administrator – to retain a licensed attorney to administer an estate through Chancery Court, unless the fiduciary is themselves a licensed Mississippi attorney. This is stricter than most states, where an attorney is recommended but not legally required.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estate Affidavit / Affidavit of Successor (Miss. Code § 91-7-322)

  • The threshold was raised to $75,000 effective July 1, 2020 by S.B. 2850 (older sources online may still cite the outdated $50,000 figure – confirm the current $75,000 threshold when using this guide).
  • Applies only to personal property – real property is excluded entirely from this process and always requires either formal probate or a separate transfer tool.
  • At least 30 days must have passed since the death.
  • No petition for appointment of a personal representative can be pending or granted, in any jurisdiction.
  • Funds and property are distributed in this order of priority: surviving spouse, then children, then parents.
  • Not filed with the court – the affidavit is presented directly to the institution holding the property.
  • Note: as of this writing, a legislative proposal (HB164) to raise the threshold further to $100,000 has been introduced but had not yet become law – worth rechecking current status.

Muniment Of Title – A Distinctive Mississippi Shortcut For Real Estate

Miss. Code § 91-5-35 allows a will to be admitted as “muniment of title” – a powerful shortcut that can transfer real estate directly under a will’s terms without full estate administration, when the estate otherwise qualifies under the small-estate cap and all debts have been paid. This is one of Mississippi’s more distinctive probate tools and can meaningfully simplify a real-estate-only estate.

Transfer-On-Death Deeds

Mississippi enacted Real Property Transfer-on-Death deeds effective July 1, 2020 (Miss. Code §§ 91-27-1 et seq.) – a tool some families use ahead of time to keep a home out of probate. Note this carries a creditor exposure window of roughly 3 years plus 90 days after the transfer.

STEP 2: FORMAL PROBATE (for estates that don’t qualify for a shortcut)

  1. File with the Chancery Court in the relevant county; the court appoints an executor or administrator.
  2. File the Affidavit of Notice to Creditors – Mississippi’s creditor claim period runs 90 days (Miss. Code § 91-7-145).
  3. File the Inventory within 90 days of receiving letters, listing all assets and fair market values.
  4. Pay valid creditor claims in statutory priority order.
  5. File the decedent’s final federal and Mississippi income tax returns; file a federal estate tax return if the estate exceeds the federal exemption.
  6. Pay administration expenses and distribute the remaining estate.

Homestead Exemption

Mississippi’s homestead exemption protects up to $75,000 in value and 160 acres (Miss. Code § 85-3-21) from most creditor claims during estate administration.

Timeline

Small estate affidavits can move relatively quickly once the 30-day wait passes. Full probate is shaped by the 90-day creditor claim period and the 90-day inventory deadline, both of which run early in the process.

Taxes

Mississippi has no state estate tax and no state inheritance tax. Mississippi’s individual income tax is also in the process of phasing out. Only the federal estate tax could separately apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Chancery Court address, phone number, and local filing details, visit that county’s page.