A house or land without probate in Mississippi
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.
Checked against official sources: October 30, 2026.
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
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
Does real estate count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
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) |
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
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
Related pages
- Small estate affidavit in Mississippi
- Car title after a death in Mississippi
- Bank accounts after a death 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
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.