Settle a small estate in Mississippi without probate
In Mississippi this is called: Affidavit of successor (small estate affidavit); payment of small bank deposits without administration; muniment of title. Thirty days after the death, a close family member (the 'successor') can collect the person's personal property with a sworn affidavit if the whole probate estate, minus liens, is $75,000 or less.
Up to $75,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Mississippi limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Mississippi.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Mississippi, by procedure.
Car, bank, house in Mississippi
Car or other vehicle
When the owner dies with no will probated, no personal representative appointed and no widow's allotment made, the next of kin can have the vehicle retitled by attaching the Affidavit of Heirship for Motor Vehicle to the title application.
Bank accounts
A deposit in two or more names payable to either or the survivor is presumed to belong to the survivor. For an account in the person's name alone, a bank may pay up to $12,500 to the successor (spouse, or the adult caring for the minor children, or an adult child, parent or adult sibling) without administration.
House or land
When there is a will that leaves Mississippi real estate, a short chancery court petition can admit the will to probate only to pass title to the real estate, without opening a full estate or appointing an executor.
Related pages
- Small estate affidavit in Mississippi
- Car title after a death in Mississippi
- Bank accounts after a death in Mississippi
- House without probate in Mississippi
- Small estate checker for Mississippi
- Letter to a bank in Mississippi
- Balance request letter for Mississippi
- What-to-gather checklist for Mississippi
- All about small estates in Mississippi
Affidavit of successor for collection of personal property (Miss. Code 91-7-322)
A sworn statement you give to a bank, company or person holding the person's money or belongings, so they pay or deliver it to you or as you direct. It is not filed with the court.
- Limit
Up to $75,000 Counted after subtracting liens (what is owed on the property).
The whole probate estate, minus liens, cannot be worth more than $75,000. This amount has applied since July 1, 2020.
- What counts
The value of the entire probate estate, wherever located, not counting liens and encumbrances on it. Property that passes outside probate (joint, payable-on-death, beneficiary, transfer-on-death and trust property) is not part of the probate estate.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
Only the 'successor', in this order: the spouse; if no spouse, any child; if no spouse or children, any grandchild; if none of these, either parent or any brother or sister. A guardian, conservator, custodian or agent may act for a minor or incapacitated successor and must use the property only for that person. No personal representative may have been appointed or applied for anywhere.
- Court or where to file
Not filed with a court. You give it to the holder of the property.
- Notary
The law calls for an affidavit (a sworn statement); holders usually require it to be notarized.
- Papers to attach
- Certified copy of the death certificate (holders usually ask for one)
- Steps
- Wait at least 30 days after the death.
- Check that no personal representative has been appointed or applied for.
- Write the affidavit with the statements in Miss. Code 91-7-322(1): the estate value, the 30 days, no personal representative, your relationship, how the property should be distributed, and that you will give it to anyone with a better right.
- Sign it under oath.
- Give it to the bank, company or person holding the property.
- Fee
No court fee; the affidavit is not filed with a court.
- Debts and responsibility
The affidavit must acknowledge your duty to distribute the property to those with a superior right. Anyone who receives property this way must answer for it to a personal representative and to anyone with a better right.
- What the bank or holder must do
A holder who pays or delivers on the affidavit is released as if it dealt with a personal representative and does not have to check whether the statements are true. If a holder refuses, the property can be recovered in a chancery court proceeding brought by or for the people entitled to it.
Law: Miss. Code Ann. sec. 91-7-322 (as amended by Laws 2020, S.B. 2850)
Source: Official page
Payment of bank deposits to successor without administration (up to $12,500)
A bank may pay up to $12,500 from the person's accounts to the person's successor, without probate, and is released when it does.
- Limit
Up to $12,500 Counted at full value, without subtracting debts.
The bank may pay up to $12,500.
- What counts
Any sum on deposit to the credit of the person at the bank (savings, checking, time deposits, certificates of deposit).
- Waiting period
The law sets no waiting period for this payment.
- Who can use it
The 'successor' for this rule: the spouse; if no spouse, the adult with whom the person's minor children live; if no spouse or minor children, any adult child; then either parent; then any adult brother or sister.
- Court or where to file
Asked of the bank.
- Papers to attach
- Certified copy of the death certificate (banks usually ask for one)
- The bank's own receipt or affidavit form
- Steps
- Ask the bank whether it will pay under Miss. Code 81-5-63.
- Give the bank the documents it asks for and sign its receipt.
- Fee
No court fee.
- What the bank or holder must do
The bank may pay (it is not required to). The successor's receipt fully releases the bank.
Law: Miss. Code Ann. sec. 81-5-63(2)
Source: Official page
Probate of will as muniment of title only
When there is a will that leaves Mississippi real estate, a short chancery court petition can admit the will to probate only to pass title to the real estate, without opening a full estate or appointing an executor.
- Limit
Up to $75,000
Not counting real estate and exempt property, the person's Mississippi probate estate cannot be more than the small estate amount ($75,000), and all known debts must be paid.
- What counts
The value of the person's probate estate in Mississippi at death, not counting any interest in real property and not counting exempt property under Miss. Code 91-7-117. All known debts, including estate and income taxes, must have been paid.
- Waiting period
The law sets no waiting period; all known debts must be paid first.
- Who can use it
Any serving executor or other personal representative; if none, the surviving spouse and the people who receive the Mississippi real estate under the will (not those with only contingent remainder interests). A representative may sign for the spouse or a beneficiary.
- Court or where to file
Chancery court (the probate court in Mississippi) of the proper county.
- Notary
The petition is signed and sworn.
- Papers to attach
- The original will
- Certified copy of the death certificate
- Showing that all known debts and taxes are paid
- Steps
- Pay all known debts of the person and the estate.
- Prepare a sworn petition to admit the will to probate as a muniment of title only.
- File it with the chancery court with the will.
- If the court admits the will, record the order where the real estate is.
- Fee
Set by the chancery clerk; ask the clerk.
Law: Miss. Code Ann. sec. 91-5-35 (as amended by Laws 2020, S.B. 2850)
Source: Official page
What counts toward the limit in Mississippi
For the successor affidavit, add up the value of the person's whole probate estate, wherever it is, and subtract liens and encumbrances. The probate estate is property that passes by will or inheritance law; property that passes outside probate is not counted.
Law: Miss. Code Ann. sec. 91-7-322
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone count. A bank may also pay up to $12,500 to the successor under Miss. Code 81-5-63. Law: Miss. Code 91-7-322(1)(a); Miss. Code 81-5-63(2) |
Joint or payable-on-death (POD) bank accounts | Left out | A deposit in two or more names payable to either or the survivor is presumed to belong to the survivor, so it is not part of the probate estate. Law: Miss. Code 81-5-63(1) |
Cars and other vehicles | Counts | A car in the person's name alone is part of the probate estate and counts at its value minus any loan. If no will is probated and no personal representative is appointed, the next of kin can retitle it with the Department of Revenue's Affidavit of Heirship. Law: Miss. Code 91-7-322(1)(a); DOR form 78-014 |
Boats and mobile or manufactured homes | Counts | A boat or mobile home in the person's name counts at its value minus liens. Law: Miss. Code 91-7-322(1)(a) |
Real estate in Mississippi | Counts | Real estate in the person's name is part of the probate estate and counts at its value minus mortgages. The affidavit collects only personal property; real estate left by a will can pass by muniment of title. Law: Miss. Code 91-7-322(1)(a); Miss. Code 91-5-35 |
Main home (primary residence) | Counts | The person's home, if in their name, counts at its value minus the mortgage. Law: Miss. Code 91-7-322(1)(a) |
Real estate in another state | Counts | The law counts the entire probate estate 'wherever located'. Law: Miss. Code 91-7-322(1)(a) |
Unpaid wages owed to the person | Counts | Unpaid wages owed to the person are part of the probate estate. Law: Miss. Code 91-7-322(1)(a) |
Military pay owed to the person | Not clear | Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the chancery clerk how to count it. Law: Miss. Code 91-7-322(1)(a) |
Life insurance or retirement money paid to a named person | Left out | Life insurance and retirement benefits paid to a named beneficiary do not pass by will or inheritance law, so they are not part of the probate estate. Law: Miss. Code 91-7-322(1)(a) |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the estate are part of the probate estate. Law: Miss. Code 91-7-322(1)(a) |
Property in a living trust | Left out | Property in a trust is not part of the probate estate. Law: Miss. Code 91-7-322(1)(a) |
Property owned jointly with right of survivorship | Left out | Property held jointly with right of survivorship passes to the surviving owner. Law: Miss. Code 91-7-322(1)(a) |
Property going to a surviving spouse | Counts | Probate property that goes to the spouse under the will or inheritance law is still part of the probate estate. Law: Miss. Code 91-7-322(1)(a) |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name alone count; the affidavit can be used to collect them. Law: Miss. Code 91-7-322(1) |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count at their value minus liens. Law: Miss. Code 91-7-322(1)(a) |
Source: Official page
Car or vehicle title after a death in Mississippi
When the owner dies with no will probated, no personal representative appointed and no widow's allotment made, the next of kin can have the vehicle retitled by attaching the Affidavit of Heirship for Motor Vehicle to the title application. The affidavit lists the spouse and all next of kin, states who the vehicle should be titled to, includes the odometer reading, and is signed by the next of kin before a notary. A surviving parent may sign for minor or incompetent children.
Law: Mississippi Department of Revenue form 78-014-21-8-1-000
- Agency
- Mississippi Department of Revenue, Motor Vehicle Services (through the county tax collector)
- Fee
Title fees are charged by the county tax collector; ask the office.
Source: Official page
Bank accounts after a death in Mississippi
A deposit in two or more names payable to either or the survivor is presumed to belong to the survivor. For an account in the person's name alone, a bank may pay up to $12,500 to the successor (spouse, or the adult caring for the minor children, or an adult child, parent or adult sibling) without administration. Larger amounts can be collected with the successor affidavit after 30 days if the whole probate estate, minus liens, is $75,000 or less.
Law: Miss. Code 81-5-63; Miss. Code 91-7-322; Miss. Code Ann. secs. 81-5-63, 91-7-322
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Mississippi
- Real estate (TOD deed)
Yes · Transfer-on-death deed (Mississippi Real Property Transfer-on-Death Act)
Since July 1, 2020, an owner can sign a revocable transfer-on-death deed so Mississippi real estate passes to named beneficiaries at death without probate. It must be recorded before the owner's death with the chancery clerk of the county where the property is.
Law: Miss. Code Ann. secs. 91-27-1 et seq. (Laws 2020, S.B. 2851)
Source: Official page
Surviving spouse in Mississippi
The spouse is first in line as 'successor' for the small estate affidavit and for bank payments up to $12,500. If there is no will and no children or descendants, the spouse inherits everything; if there are children, the spouse takes a child's share.
Law: Miss. Code 91-7-322(2), 81-5-63(2); Miss. Code 91-1-7
Debts of the person in Mississippi
A successor who collects property by affidavit must give it to anyone with a superior right and answer for it to a personal representative. For muniment of title, all known debts must be paid first.
Law: Miss. Code 91-7-322(1)(f), (6); Miss. Code 91-5-35
Medicaid estate recovery in Mississippi
The Division of Medicaid must be noticed as an identified creditor in the estate of any deceased Medicaid recipient. It may seek recovery for nursing facility, home and community-based, and related hospital and prescription drug services received at age 55 or older. The claim is waived if there is a surviving spouse, a surviving dependent under 21 or who is blind or disabled, or undue hardship. Mississippi ABLE accounts are not part of the estate for recovery.
Law: Miss. Code Ann. sec. 43-13-317 (as amended by Laws 2025, S.B. 2396)
- Agency
- Mississippi Division of Medicaid
- Official page
- Official page
Who inherits with no will in Mississippi
If there is no will and the person leaves no children or descendants of children, the spouse inherits the entire estate. If there are children (from this or an earlier marriage) or their descendants, the spouse takes a child's share, and the children (or descendants of a child who died) share the rest equally. If there is no spouse, the children and the descendants of a child who died share equally. If there are no children or descendants, the estate goes in equal parts to the brothers and sisters (and descendants of a brother or sister who died) and the father and mother; then to grandparents, uncles and aunts; then to the next of kin.
Law: Miss. Code Ann. secs. 91-1-3, 91-1-7 (current text shown in 2024 S.B. 2127 as introduced and Laws 2024, H.B. 1542)
Source: Official page
Death certificates in Mississippi
A certified copy costs $17; additional copies of the same record ordered at the same time are $6 each. Death records are open only to eligible applicants, and a valid photo ID is required. Mail orders are paid by money order or cashier's check; in person you can also pay with cash or a credit card. VitalChek online orders add a fee.
- Where to get it
- Mississippi State Department of Health, Vital Records (Jackson)
- Official page
- Official page
Where to file in Mississippi
The successor affidavit is not filed anywhere; you give it to the holder of the property. A bank payment up to $12,500 is asked of the bank. A muniment of title petition, and any other probate case, is filed in the chancery court of the proper county. A vehicle is retitled through the county tax collector with the Department of Revenue's heirship affidavit.
Good to know in Mississippi
- Mississippi's small estate affidavit can be used only by close family in a set order: spouse, then children, then grandchildren, then parents or siblings.
- A bank may pay up to $12,500 of a person's deposits to the family without administration.
- Mississippi has allowed transfer-on-death deeds for real estate since July 1, 2020.
Changes in 2024–2026
No change to the $75,000 small estate amount: a 2025 bill to raise it to $100,000 died in committee, and no 2026 bill amended Miss. Code 91-7-322. Laws 2025, S.B. 2396 (effective July 1, 2025): Mississippi ABLE accounts excluded from Medicaid estate recovery. Laws 2024, H.B. 1542: a child conceived after the parent's death by assisted reproduction can be treated as living at death for intestate succession.
Law: H.B. 164; sec. 43-13-317; sec. 91-1-7
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Mississippi
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
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Questions about small estates in Mississippi
What is a small estate affidavit called in Mississippi?
In Mississippi this is called: Affidavit of successor (small estate affidavit); payment of small bank deposits without administration; muniment of title. Thirty days after the death, a close family member (the 'successor') can collect the person's personal property with a sworn affidavit if the whole probate estate, minus liens, is $75,000 or less.
What is the small estate limit in Mississippi?
Up to $75,000, 30 days after the death, no court filing.
How long do I wait in Mississippi?
At least 30 days must have passed since the death.
Do I have to go to court in Mississippi?
Not filed with a court. You give it to the holder of the property.
How do I transfer a car after a death in Mississippi?
When the owner dies with no will probated, no personal representative appointed and no widow's allotment made, the next of kin can have the vehicle retitled by attaching the Affidavit of Heirship for Motor Vehicle to the title application.
What happens to a bank account after a death in Mississippi?
A deposit in two or more names payable to either or the survivor is presumed to belong to the survivor. For an account in the person's name alone, a bank may pay up to $12,500 to the successor (spouse, or the adult caring for the minor children, or an adult child, parent or adult sibling) without administration.
Who inherits in Mississippi if there is no will?
If there is no will and the person leaves no children or descendants of children, the spouse inherits the entire estate. If there are children (from this or an earlier marriage) or their descendants, the spouse takes a child's share, and the children (or descendants of a child who died) share the rest equally.
Do I owe the person's debts in Mississippi?
A successor who collects property by affidavit must give it to anyone with a superior right and answer for it to a personal representative. For muniment of title, all known debts must be paid first.
- Laws 2020, S.B. 2850 (enrolled): 91-7-322 at $75,000 and 91-5-35 muniment of title
- 2025 H.B. 164 as introduced (shows the current text of 91-7-322; bill died)
- Laws 2020, S.B. 2851 (enrolled): Mississippi Real Property Transfer-on-Death Act
- 2014 H.B. 56 as introduced (shows the text of 81-5-63; bill died)
- Laws 2025, S.B. 2396 (enrolled): 43-13-317 estate recovery
- Laws 2024, H.B. 1542 (enrolled): 91-1-7 intestate share
- Mississippi DOR Affidavit of Heirship for Motor Vehicle
- Mississippi Legislature bill status: code section 91-7-322 (2025)
- Mississippi State Department of Health: Vital Records
- 2024 S.B. 2127 as introduced (shows current text of 91-1-3; bill died)