How to File a Will in Mississippi

Suppose you don’t create a formal document stating how you’d like your property and assets to be passed on once you pass away. In that case, Mississippi courts will use intestate succession laws to determine for you on behalf of your estate. Typically, this means your surviving spouse inherits most of your assets (after taxes and expenses). The state recognizes additional pathways if no spouse exists or only certain descendants remain.

In any case, the easiest way to avoid any messy succession is to create a will. In Mississippi, Code Title 91, Chapter 5 outlines specific rules and requirements for creating and maintaining such a document.

What are the Legal Requirements for a Mississippi Will?

First, the creator must be at least 18 years old and of sound mind. This person must sign the will and have another person sign it in their presence. If the creator is not 100% responsible for the will (for example, if an estate planning attorney helps draft it), two signatory witnesses must be present.

It’s important to note that witnesses should not be anyone that could receive a gift from the will. This matters if the witness is part of a group receiving inheritance instead of the solitary person receiving anything.

Why a DIY Will is Bad in Mississippi

What it comes down to is proving the validity of the document. A will needs to be self-proving, which will likely require the signature of a notary public. If it’s not self-proving, that could expose potential heirs to additional issues while trying to claim the deceased’s property and assets. Ultimately, this means more time, legal fees, and headaches.


It’s worth your time and money to consult a qualified Mississippi estate planning attorney to create a well-rounded and legally-sound will. The Law Offices of Rusty Williard are well-versed in this and are here to help. Call (601) 824-9797 to learn more.