Letter asking for the balance on the date of death in Mississippi
A short letter that asks a bank or other holder for the value of the person's accounts on the date of death. Banks usually want this before the estate is settled.
What to expect
A bank may ask for a certified death certificate and proof that you are allowed to ask. The bank decides what it will release and when.
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
Do bank accounts count toward the small estate limit?
| 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) |
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
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
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
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
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
Related pages
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.