Estate Law · Mississippi
Mississippi estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Mississippi residents.
- Mississippi intestacy gives the spouse a child's share with no minimum floorMississippi intestacy: spouse takes a child's share (equal to each child's share) with descendants. No minimum spousal floor. Entire estate without descendants.
- Mississippi recognizes attested wills and holographic willsMississippi recognizes attested wills (testator's signature plus two witnesses) and holographic wills (entirely handwritten and signed by testator).
- Mississippi muniment of title and small estate procedures handle limited estatesMississippi summary administration for personal property up to $75,000. Muniment of title available for admitting wills without administration.
- Mississippi durable power of attorney requires express durability languageMississippi POAs require express durability language to survive incapacity. Healthcare directive separate. MS has not adopted UPOAA framework.
- Mississippi applies strict per stirpes intestacy distribution to descendantsMS applies strict per stirpes intestacy. Different from per capita with representation in most UPC states. Affects how grandchildren inherit.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Mississippi attorney.