Small estate checker for Mississippi
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Affidavit of successor for collection of personal property (Miss. Code 91-7-322)
30 days after the death.
Also in Mississippi (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Payment of bank deposits to successor without administration (up to $12,500)
- Probate of will as muniment of title only
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
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
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
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
- Small estate affidavit in Mississippi
- Car title after a death in Mississippi
- Bank accounts after a death in Mississippi
- House without probate in 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.