Mississippi editionIn your inbox within a minute30-day money-back promise
The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationMississippi

The small estate affidavit in Mississippi

Where Mississippi law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in Mississippi; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

The free first-week checklist

Pages taken from the planner, by email: who to phone first, and a blank records sheet.

We use your email address to send the checklist and those emails, and for nothing else. We do not sell it. We first send one email asking you to confirm your address. Privacy notice

Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The successor’s affidavit: who must pay or hand over property on it, and after how long

at any time after thirty (30) days from the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment when due of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by the successor stating:

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(1), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

What the affidavit must state: the value limit and the waiting period

(a) That the value of the entire probate estate of the decedent, wherever located, excluding all liens and encumbrances thereon, does not exceed

Seventy-five Thousand Dollars ($75,000.00);

(b) That at least thirty (30) days have elapsed since the death of the decedent;

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(1)(a)–(b), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

Who counts as the successor, in order

(a) The decedent's spouse;

(b) If there is no surviving spouse of the decedent, then any child of the decedent;

any grandchild of the decedent; or

then either parent or any siblings of the decedent

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(2), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

Probating a will as a muniment of title only, without administration or an executor, and the value condition

said will may be admitted to probate, as a muniment of title only, by petition signed and sworn

without the necessity of administration or the appointment of an executor or administrator with the will annexed, provided it be shown by said petition that:

exclusive of any interest in real property and exempt property set forth in Section 91-7-117, did not exceed the sum

set forth in Section 91-7-322; and

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-5-35(1), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

The same page for other states

A family roasting marshmallows round a backyard fire pit at night
Three generations peeling potatoes at a kitchen table while snow falls outside
Friends on a desert patio at sunset, with a saguaro in the distance
FAQ

Common questions

(a) That the value of the entire probate estate of the decedent, wherever located, excluding all liens and encumbrances thereon, does not exceed

Seventy-five Thousand Dollars ($75,000.00);

(b) That at least thirty (30) days have elapsed since the death of the decedent;

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(1)(a)–(b), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

at any time after thirty (30) days from the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment when due of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by the successor stating:

(a) That the value of the entire probate estate of the decedent, wherever located, excluding all liens and encumbrances thereon, does not exceed

Seventy-five Thousand Dollars ($75,000.00);

(b) That at least thirty (30) days have elapsed since the death of the decedent;

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(1)(a)–(b), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

(a) The decedent's spouse;

(b) If there is no surviving spouse of the decedent, then any child of the decedent;

any grandchild of the decedent; or

then either parent or any siblings of the decedent

at any time after thirty (30) days from the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment when due of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by the successor stating:

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(1), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

at any time after thirty (30) days from the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment when due of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by the successor stating:

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-7-322(1), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

said will may be admitted to probate, as a muniment of title only, by petition signed and sworn

without the necessity of administration or the appointment of an executor or administrator with the will annexed, provided it be shown by said petition that:

exclusive of any interest in real property and exempt property set forth in Section 91-7-117, did not exceed the sum

set forth in Section 91-7-322; and

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-5-35(1), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

said will may be admitted to probate, as a muniment of title only, by petition signed and sworn

without the necessity of administration or the appointment of an executor or administrator with the will annexed, provided it be shown by said petition that:

exclusive of any interest in real property and exempt property set forth in Section 91-7-117, did not exceed the sum

set forth in Section 91-7-322; and

Mississippi · general information · checked October 24, 2026 · Miss. Code Ann. §91-5-35(1), as amended by 2020 Miss. Laws ch. 343 (SB 2850)

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

A man on the telephone with the planner's pages open on the table