Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
The probate process can be long and drawn-out, costing your survivors time as well as money. Fortunately, Mississippi offers probate shortcuts for "small estates." If the property you leave behind at your death is below a certain amount, Mississippi allows the property to be transferred more quickly and with less hassle. In other words, if your estate qualifies as "small," your loved ones may be able to use simplified probate procedures, or even skip probate entirely.
Mississippi offers a procedure that allows inheritors to skip probate altogether. It's called an "affidavit of successor" or "small estate affidavit." The affidavit can be used only to collect personal property—in other words, not real estate. To be able to use the small estate affidavit, the estate (the property you own at death) must meet these requirements:
The affidavit can be used only by a "successor," which is defined as (1) a surviving spouse, (2) a child if there's no surviving spouse, (3) a grandchild if no spouse or child survives, or (4) a parent or sibling if none of the previously mentioned family members are living. (Miss. Code § 91-7-322 (2024).)
If the estate is eligible for a small estate affidavit, an inheritor can prepare an affidavit stating that the estate meets the above requirements and:
When the person or institution holding the property—for example, a bank where the deceased person had an account—gets the affidavit and a copy of the death certificate, it releases the asset. (Miss. Code § 91-7-322 (2024).)
There's another process for bank accounts, up to $12,500, if there is no will. An inheritor can present an affidavit to claim the money. The inheritor also must sign a bond guaranteeing to pay any lawful debts of the deceased person to the extent of the withdrawal. (Miss. Code § 81-14-383 (2024).)
Mississippi has additional shortcuts for small estates that can save your love ones time and money.
For some small estates, real estate can pass to inheritors without formal probate through a process called "muniment of title." If your estate meets the following requirements, it will qualify for muniment of title:
The personal representative must sign the petition under oath stating that the estate meets the above requirements. If the court hasn't appointed a personal representative, the requesting inheritor, the surviving spouse, and the rest of the inheritors in the will must sign the petition under oath. (Miss. Code § 91-5-35 (2024).)
Formal probate in Mississippi has detailed notice requirements, including publishing notice to potential creditors in the newspaper. If an estate has a total value of $500 or less, the court won't require newspaper notice. Instead, notice will be posted at the courthouse and two other places in the county for 30 days. (Miss. Code § 91-7-147 (2024).)
For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo), or Estate Planning Basics, by Denis Clifford (Nolo).
For more on Mississippi estate planning issues, see our section on Mississippi Estate Planning.