Probate in Mississippi
Mississippi probate is administered in the Chancery Court of the county where the deceased resided. Mississippi has both a general docket and a special probate docket for routine estate matters. The process is generally supervised, with the Chancery Court overseeing key decisions.
Mississippi probate typically takes 12–18 months. Executor compensation is reasonable compensation.
Simplified estate procedures
Mississippi allows a small estate affidavit for personal property of $50,000 or less, available 30 days after death. Mississippi also allows a summary process for distributing certain assets directly to surviving spouses and dependents.
Mississippi does not authorize transfer on death deeds for real property.
Death certificates
Mississippi death certificates are issued by the Mississippi State Department of Health (MSDH) Vital Records office. The cost is $17 per certified copy. Order through MSDH or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: Mississippi has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 90 days from the date of first publication of notice to creditors.
- Chancery Court: Mississippi routes estate matters through its Chancery Courts, which handle equity matters — different from most states which use District or Superior Courts.
- No transfer on death deed: Mississippi does not authorize transfer on death deeds for real property.
- No estate tax: Mississippi has no estate or inheritance tax.
Key contacts
- Mississippi vital records: msdh.ms.gov/msdhsite/_static/31,0,82.html
- Mississippi Chancery Courts: courts.ms.gov
- Mississippi Bar lawyer referral: msbar.org