How Probate Works in Mississippi

Does Mississippi require probate?

Not always. Estates with personal property under $75,000 (less liens and encumbrances) can use a small estate affidavit to transfer assets without full probate. For larger estates or those involving real property, probate through the Chancery Court is required.

Mississippi has not adopted the Uniform Probate Code, so the process tends to be more court-involved than in UPC states.

---

What court handles probate in Mississippi?

Probate in Mississippi is handled by the Chancery Court in the county where the deceased person lived. Mississippi has 20 Chancery Court districts covering its 82 counties. Chancery Courts handle equity matters, including wills, estates, property disputes, guardianships, and adoptions.

The Chancery Clerk's office in each county accepts filings and maintains estate records. The Chancery Court is a court of equity (as opposed to law), which gives judges broader discretion in how they handle cases.

---

Small estate threshold

Estates where the deceased's personal property is valued at $75,000 or less (less liens and encumbrances) can use a small estate affidavit to collect assets without probate (Mississippi Code § 91-7-322).

Requirements:

• The total value of personal property, minus liens and encumbrances, does not exceed $75,000.
• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The person filing the affidavit is entitled to the property under the will or intestate law.

The affidavit can be presented to banks, financial institutions, and other holders of the deceased's property. Real estate requires probate.

---

Simplified probate options

Mississippi does not offer informal probate like UPC states. The main paths are:

Administration with will annexed. When there is a valid will, the court admits it to probate and appoints the executor named in the will (or an administrator if the named executor cannot serve). The executor manages the estate under court oversight.

Administration without will. When there is no will, the court appoints an administrator (usually the surviving spouse or next of kin). The administrator manages the estate and distributes assets according to intestate succession.

Independent executor. If the will specifically grants power of independent administration, the executor can act with minimal court supervision. Without this provision in the will, most actions require court approval.

Mississippi requires the executor or administrator to post a bond (a financial guarantee) unless the will waives the bond requirement.

---

What if there is no will?

When someone dies without a will in Mississippi, the estate follows the state's intestate succession laws (Mississippi Code § 91-1-1 et seq.).

If the deceased was married:

• Spouse and children. The surviving spouse and children share the estate equally, with the spouse receiving a child's share. The surviving spouse's share cannot be less than one-fourth of the estate.
• Spouse, no children. The surviving spouse inherits the entire estate.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

---

What makes Mississippi different?

Chancery Court system

Mississippi is one of the few states that uses a dedicated Chancery Court rather than a general-jurisdiction court or specialized probate court. The Chancery Court's equity jurisdiction gives judges more flexibility in resolving disputes, but it also means the process can be less standardized across counties.

Bond requirements

Mississippi is stricter than many states about requiring the executor or administrator to post a bond. This is a financial guarantee (essentially an insurance policy) that protects the estate's beneficiaries if the executor mismanages assets. The cost of the bond comes from estate funds, which adds to the overall expense. Wills that waive the bond requirement save the estate this cost.

No UPC

Mississippi has not adopted the Uniform Probate Code, which means there is no informal probate track. All estates go through the Chancery Court with court oversight. This generally means more attorney involvement and higher costs than in UPC states.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

---