Mississippi Last Will and Testament
Generate a last will and testament tailored to Mississippi law. Our AI incorporates MS-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Mississippi Legal Requirements
Key MS statutes and obligations that apply to your last will and testament.
Requirements
- Governed by the Mississippi Uniform Probate Code (Miss. Code §91-5-1 et seq.)
- Must be in writing, signed by the testator (or at the testator's direction in the testator's presence), and witnessed by at least two witnesses who sign in the presence of the testator
- Testator must be at least 18 years old (or lawfully married or emancipated) and of sound mind
Restrictions & Limits
- Mississippi has no state estate tax and no state inheritance tax — estates pass without Mississippi-level death taxes, making Mississippi one of the most tax-favorable states for wealth transfer
- Surviving spouse has the right to elect against the will and take a statutory share of the estate (Miss. Code §91-5-25)
- Holographic wills (entirely handwritten and signed) are valid in Mississippi without witnesses (Miss. Code §91-5-1)
Official Statute References
Primary Mississippi statutes governing this document type.
Mississippi Last Will and Testament FAQ
Common questions about last will and testaments under Mississippi law.
Does Mississippi have an estate tax or inheritance tax?
No. Mississippi imposes neither a state estate tax nor a state inheritance tax. Assets passing from a Mississippi decedent are subject only to the federal estate tax (which applies to estates over $13.61 million in 2024). This makes Mississippi one of the most favorable states for estate planning from a tax perspective.
Are handwritten wills valid in Mississippi?
Yes. Mississippi recognizes holographic wills under Miss. Code §91-5-1. The will must be entirely in the testator's own handwriting and signed by the testator. No witnesses or notarization are required. However, holographic wills are more difficult to probate (two witnesses to the testator's handwriting must testify) and are more susceptible to authenticity challenges.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.