Estate Planning

If you die without a valid will, Mississippi's intestate succession statutes (Miss. Code Ann. § 91-1-1 et seq.) decide who inherits your property. The distribution follows fixed statutory rules, and a surviving spouse does not automatically inherit everything if there are children. Stepchildren and unmarried partners do not inherit under the statute. A properly executed will ensures your property goes to the people you choose.

Under Miss. Code Ann. § 91-5-1, a valid will must be in writing, signed by the testator (who must be at least 18 and of sound mind), and attested by at least two credible witnesses who know the document is a will. Holographic wills (entirely in the testator's own handwriting) are also recognized. The formalities matter, because defects usually surface only after death when they can no longer be fixed.

They do different jobs. A will directs property after death and goes through probate; it can also name guardians for minor children. A revocable living trust holds and manages property during your life and, when properly funded, passes it without probate, provides for incapacity, and keeps affairs private. Many families benefit from both, plus a durable power of attorney and healthcare directive. A trust only controls assets titled into it, so funding is what makes it work.

Probate is handled in chancery court in the county where the decedent was domiciled at death. The court admits the will (if any), appoints a personal representative, and issues letters testamentary or letters of administration. Creditors must register claims within 90 days after the first published notice, and claims not properly registered are barred. A simple estate may take several months to a year; complex estates take longer. For small estates under $75,000 (excluding liens and encumbrances), a simplified small-estate affidavit may be available 30 days after death.

Mississippi has specific formalities for wills and trusts, and mistakes often surface only after death when they cannot be corrected. Using an attorney who is not a beneficiary, with non-beneficiary witnesses, helps avoid undue-influence challenges and execution defects. We prepare wills, trusts, powers of attorney, and medical directives, and we guide families through the probate process. Call 601-688-4110 to schedule a consultation.