How to Make a Valid Will in Mississippi
Mississippi has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in MS.
Mississippi Will Requirements at a Glance
Who Can Make a Will in Mississippi?
You must be at least 18 years old to make a will in Mississippi. No statutory exceptions for minors. The testator must be of sound and disposing mind and memory
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's direction.
Witness Requirements in Mississippi
Mississippi requires 2 witnesses. Must be credible witnesses at least 18 years old. The testator must sign or acknowledge the will in the presence of two or more credible witnesses who shall subscribe their names in the testator's presence (Miss. Code § 91-5-1).
Interested witnesses: A devise to an attesting witness is void unless the will is otherwise properly witnessed by two disinterested witnesses
Notarization in Mississippi
Notarization is not required for a will to be valid in Mississippi. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Mississippi allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary or other authorized officer (Miss. Code § 91-5-1)
Handwritten (Holographic) Wills
Mississippi does recognize holographic wills. Valid if wholly written and signed by the testator in the testator's own handwriting. No witnesses required. Must be proven by at least two credible witnesses to the handwriting (Miss. Code § 91-5-1)
Electronic Wills
Mississippi does not currently recognize electronic wills. Mississippi does not currently have an electronic wills statute
Oral (Nuncupative) Wills
Recognized in limited circumstances: must be made during last sickness, at the testator's habitual residence or where they fell sick, before two competent witnesses. Value limited to $100 for personal property unless proved by two witnesses that the testator called on someone to take notice (Miss. Code § 91-5-15)
How to Revoke a Will in Mississippi
In Mississippi, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in their presence
Miss. Code § 91-5-3
Special Provisions in Mississippi
Mississippi is a separate property/common law state. Surviving spouse has an elective share. Mississippi's nuncupative will limit of $100 for personal property is extremely restrictive. Mississippi also has a homestead exemption for the surviving spouse
Relevant Mississippi Statutes
- Miss. Code § 91-5-1 (Execution of wills; holographic wills; self-proving)
- Miss. Code § 91-5-3 (Revocation)
- Miss. Code § 91-5-15 (Nuncupative wills)
- Miss. Code § 91-1-7 (Elective share)
Ready to draft your Mississippi will?
Our free tool asks plain-English questions and generates a draft formatted for Mississippi's requirements.
Get Started — Free