Mississippi has no state estate tax and no inheritance tax, so beneficiaries owe nothing to the state on what they receive. A valid will requires the testator to be at least 18, of sound mind, and generally signed and witnessed by two credible people under Mississippi Code section 91-5-1.
Whether you have lived in the Delta your whole life or moved to the Gulf Coast recently, a Mississippi estate plan gives your family clear instructions instead of a court-imposed formula. This guide covers the tax picture, the will requirements, and where families most often go wrong.
Does Mississippi Have an Estate or Inheritance Tax?
No. According to the Mississippi Department of Revenue, the state does not impose an estate tax or an inheritance tax. Your estate may still need to address federal estate tax if it exceeds the federal exemption, but that threshold is far above what most Mississippi households hold. This means the bigger planning priorities for most Mississippi families are avoiding intestacy, naming guardians for children, and keeping beneficiary designations current, rather than reducing a state-level death tax.
How to Make a Valid Will in Mississippi
Under Mississippi Code section 91-5-1, any person 18 or older, of sound and disposing mind, may execute a will. The will must be signed by the testator, or by another person in the testator's presence and at the testator's direction. Unless the will is entirely written and signed in the testator's own handwriting, it must be attested by at least two credible witnesses in the presence of the testator. Notarization is not required to make a Mississippi will legally valid, though a self-proving affidavit, signed before a notary, can speed up probate by removing the need to locate witnesses later. writing your own will with the correct signing order built in helps avoid the most common rejection: a signature without two qualifying witnesses.
What Happens Without a Will in Mississippi
Dying intestate in Mississippi means the chancery court applies a fixed statutory formula. A surviving spouse generally shares the estate with children rather than automatically receiving everything, with the exact division depending on how many children survive. Unmarried people without children typically see the estate pass to parents, then siblings, under a defined order. A court also names a guardian for minor children without any family input if no will exists, which is one of the clearest reasons to have a signed will regardless of how modest the estate is.
Wills, Trusts, and Probate in Mississippi
A will still goes through chancery court probate, where the executor is appointed, creditors are notified, debts are paid, and remaining assets are distributed. A revocable living trust can bypass this process entirely for the assets held inside it, which matters more for larger estates, blended families, or property owned in more than one state. Reading the difference between a will and a trust helps clarify whether the added cost and maintenance of a trust is worth it for your specific situation, rather than assuming every estate needs one.
A Worked Example: A Single Parent
Consider a Mississippi single parent with one minor child and modest savings. Without a will, the chancery court would appoint a guardian for the child based on statutory priority and the court's judgment, which may not match who the parent would have chosen. A simple, properly witnessed will naming a guardian directly gives the court clear guidance and avoids a dispute among relatives over who should raise the child, which is often the single most important decision in a modest estate plan.
Financial and Health Care Powers of Attorney
A financial power of attorney lets a trusted person manage bills, bank accounts, and property if you become unable to, without a court-appointed conservatorship. An advance health care directive and a medical power of attorney document your treatment preferences and name a decision-maker for situations where you cannot speak for yourself. Both should be reviewed after a marriage, divorce, or move.
Common Mistakes to Avoid
- Signing a will without the required two witnesses
- Not naming a guardian for minor children in the will itself
- Assuming a will avoids probate when only a funded trust does
- Leaving beneficiary designations on life insurance and retirement accounts unchanged for years
- Waiting until a health scare to create any estate planning documents at all
FastWill's online will package builds a Mississippi-compliant will with guardian and executor sections included from the start. Compare plans and pricing to find the right plan for your household.
Digital Assets and Reviewing Your Plan
A complete Mississippi estate plan also accounts for digital assets, including online banking, cryptocurrency, and cloud-stored photos and documents that a family cannot access without instructions. Keep a separate, securely stored list of accounts and access details rather than placing them in the will itself, since the will becomes part of the public probate record. Revisit your Mississippi plan after a marriage, divorce, birth of a child, or a move, since each of these events can change who should serve as executor or guardian.
Frequently Asked Questions
Does Mississippi have an estate or inheritance tax?
No. The Mississippi Department of Revenue confirms the state has no estate tax and no inheritance tax.
How many witnesses does a Mississippi will need?
At least two credible witnesses, unless the will is entirely handwritten and signed by the testator, per Mississippi Code section 91-5-1.
Do you need a notary for a Mississippi will?
No. Notarization is not required to make the will valid, but a self-proving affidavit signed before a notary can speed up probate.
What happens if a Mississippi resident dies without naming a guardian?
The chancery court appoints a guardian for minor children based on statutory priority and the court's judgment, which may not reflect the parent's actual wishes.
Does a will avoid probate in Mississippi?
No. A will directs how probate assets are distributed but the estate still goes through chancery court. Only assets in a properly funded trust, or that pass by beneficiary designation, skip probate.
