What to gather for a small estate in Mississippi
Pick a procedure and check off what you already have. Download or print the list to take with you.
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
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
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
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
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.