✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Rankings are editorially independent. This article is informational only and does not constitute legal advice.
Mississippi residents can make a fully valid, legally enforceable will online — saving hundreds or thousands compared to hiring an attorney. But the Magnolia State has a few quirks that matter: a strict two-witness requirement that applies to all wills (including handwritten ones), one of the nation's most generous homestead exemptions protecting up to 160 acres of family land, a useful $75,000 small estate affidavit procedure, and probate that runs through the unique Chancery Court system rather than a standard probate division.
No state estate tax, no inheritance tax — just the federal threshold to worry about. Here's exactly what Mississippi residents need to know to create a will that holds up in Chancery Court.
$75K
Small estate affidavit limit
160 ac
Homestead exemption
Mississippi Will Requirements: Miss. Code Ann. § 91-5-1
Online wills are fully legal in Mississippi when properly executed. The governing statute is clear and well-established.
Miss. Code Ann. § 91-5-1 requires that a valid will be: (1) in writing, (2) signed by the testator (who must be at least 18 and of sound and disposing mind), and (3) attested and subscribed in the presence of the testator by two or more credible witnesses. No notarization is required for validity, but a self-proving affidavit under Miss. Code Ann. § 91-7-7 is strongly recommended.
The Two-Witness Rule — and Why It Matters More in Mississippi
Mississippi's two-witness requirement is stricter than it first appears. Unlike many holographic-will states where a handwritten, unwitnessed will is accepted, Mississippi requires two witnesses for every will — even one written entirely in the testator's own hand. An unwitnessed handwritten will is generally not valid in Mississippi under § 91-5-1. This is one of the most commonly misunderstood aspects of Mississippi estate law.
The witnesses must sign in the testator's presence. Mississippi also allows the testator or another person (at the testator's direction) to sign on behalf of the testator if the testator is physically unable to sign. Best practice: use two disinterested witnesses — people who are not beneficiaries under the will — to prevent any potential challenge to bequests.
Self-Proving Affidavit
Under Miss. Code Ann. § 91-7-7, a self-proving will is one where the testator and both witnesses sign a sworn affidavit before a notary public at the time of execution. This does not affect validity, but it allows the will to be admitted to Chancery Court probate without requiring the witnesses to appear and testify — a significant practical benefit. Mississippi also allows remote online notarization under Miss. Code Ann. § 25-33-3, meaning the self-proving affidavit can be completed without an in-person notary visit.
Electronic Wills
Mississippi has not enacted the Uniform Electronic Wills Act. Electronic wills — with electronic signatures, existing in purely digital form — are not recognized in Mississippi. Your will must be in physical, printed form, signed in ink.
Mississippi Will Execution Checklist
✔ What Makes a Mississippi Will Valid
- Testator is 18+ years old and of sound and disposing mind
- Will is in writing (typed or printed — or handwritten, but see below)
- Testator signs the will (or directs another to sign in their presence)
- Two credible witnesses sign in the testator's presence
- ⚠️ Witnesses are required even for handwritten wills — no unwitnessed holographic wills in MS
- Use disinterested witnesses (non-beneficiaries) to protect bequests
- Self-proving affidavit before a notary is strongly recommended (Miss. Code Ann. § 91-7-7)
- No state estate or inheritance tax to plan around for most estates
Best Online Will Services for Mississippi Residents — 2026 Comparison
We evaluated all major services specifically for Mississippi's two-witness requirement, self-proving affidavit procedures, and Chancery Court probate filing. Here are the results:
Best overall — complete MS-compliant package with self-proving affidavit and lifetime updates
Will plan from
$199
MS-Compliant Documents
Self-Proving Affidavit
2-Witness Guidance
DPOA + Healthcare Directive
Free Lifetime Updates
Trust & Will generates a complete Mississippi will package — including the self-proving affidavit and clear guidance on the two-witness requirement. The interface is clean, takes about 20–30 minutes, and free lifetime updates mean you can revise after major life changes without repaying. Our top pick for most Mississippi residents.
✅ Pros
- Self-proving affidavit included
- Correct two-witness guidance
- Free lifetime updates
- Living trust option available ($299)
❌ Cons
- Higher upfront cost vs. budget options
- No included attorney consultations
Start Your Mississippi Will at Trust & Will →
Best if you want optional attorney access for complex estate questions
Will plan from$99
Attorney Access Available
MS-Compliant Documents
Business Documents Too
LegalZoom's $99 starting price is more accessible, and the attorney add-on is useful if you have questions about Mississippi homestead exemption, elective share rights, or complex property situations. Watch for upsells — total cost can rise quickly.
✅ Pros
- Attorney consultation available
- Recognized brand
- Good for complex estates
❌ Cons
- Upsells inflate cost
- Updates are paid add-ons
Visit LegalZoom →
Best subscription for those needing multiple legal documents
Membership from$39.99/mo
Unlimited Documents
Attorney Q&A
MS Templates
Rocket Lawyer's membership makes sense if you need a will plus other legal documents — lease agreements, business contracts, etc. The Mississippi will template is solid and correctly handles the two-witness requirement.
✅ Pros
- Multiple documents
- Attorney Q&A included
❌ Cons
- Monthly recurring cost
- Less will-focused than T&W
Visit Rocket Lawyer →
Best one-time purchase for detail-oriented Mississippi residents
One-time from$99
One-Time Purchase
MS State Guidance
Executor Instructions
Nolo's WillMaker is a trusted legal publisher with solid Mississippi-specific guidance including Chancery Court probate procedures and executor duties. Good for those who prefer desktop software and want in-depth explanations.
✅ Pros
- Detailed MS guidance
- One-time cost
- Trusted publisher
❌ Cons
- Desktop-focused
- Annual updates sold separately
Visit Nolo WillMaker →
Best budget option for simple Mississippi estates
Plan from$39/yr
Lowest Cost
MS Templates
Fast Completion
LawDepot is the most affordable entry point. Produces valid Mississippi wills quickly. Best for simple, straightforward estates where cost is the primary concern.
✅ Pros
- Very low annual cost
- Quick process
❌ Cons
- Less comprehensive guidance
- Limited depth on MS-specific issues
Visit LawDepot →
2026 Price Comparison Table
| Service | Price | Self-Proving Affidavit | Free Updates | Attorney Access |
|---|
| Trust & Will | $199 (will plan) | ✅ Included | ✅ Lifetime free | ❌ Extra |
| LegalZoom | From $99 | ✅ Included | ❌ Paid add-on | ✅ Subscription |
| Rocket Lawyer | $39.99/mo | ✅ Included | ✅ Included | ✅ Included |
| Nolo WillMaker | $99 one-time | ✅ Included | ❌ New purchase | ❌ No |
| LawDepot | $39/year | ✅ Included | ✅ Included | ❌ No |
| MS Estate Attorney | $800–$2,000 | ✅ Always | ✅ Usually | ✅ Yes |
Mississippi Probate: Chancery Court — What Makes It Different
Mississippi probate is handled by the Chancery Court — not a dedicated "probate court" or "surrogate's court" as in most states. Each county has a Chancery Court with equity jurisdiction, and all probate matters are filed in the county where the deceased resided at the time of death.
Typical Chancery Court Probate Process
- File the will and petition for probate — Present the original will to the Chancery Court. A self-proving affidavit eliminates the need for witness testimony at this stage.
- Executor appointment — The Court issues Letters Testamentary to the named executor, authorizing estate administration.
- Publish creditor notice — Publication in a local newspaper is required to notify creditors. Mississippi's creditor claim period is 90 days from first publication.
- File inventory — The executor must file an inventory of estate assets with values.
- Pay debts and costs — Estate debts, taxes, and administration expenses are paid before distribution.
- Final accounting and distribution — After creditor claims are resolved, assets are distributed to beneficiaries as directed by the will.
Mississippi's $75,000 Small Estate Affidavit
For estates where the total gross personal property value does not exceed $75,000, Mississippi allows successors to collect assets using an affidavit procedure — bypassing formal Chancery Court probate entirely. This can be used approximately 30 days after death and covers bank accounts, vehicles, and other personal property. Real estate is not covered — any estate with solely-titled real property still requires Chancery Court probate regardless of value.
Mississippi's Extraordinary Homestead Exemption
Mississippi's homestead exemption under Miss. Code Ann. § 85-3-21 is among the strongest in the nation:
- Rural homestead: Up to 160 acres of land used as the family's primary residence — exempt from forced sale by unsecured creditors
- Urban homestead: Up to one acre within an incorporated municipality
- Protection through probate: The homestead exemption protects the surviving spouse and minor children even during estate administration — creditors of the deceased generally cannot force a sale of the homestead to satisfy debts
- Estate planning implication: For families with significant agricultural land, the homestead exemption can protect the primary farm residence and surrounding acreage from creditor claims — but proper will planning is still needed to direct who inherits the land
Mississippi Estate Tax & Inheritance Tax
- No state estate tax: Mississippi has no state estate tax. The state pickup tax was eliminated when the federal state death tax credit was phased out.
- No state inheritance tax: Mississippi does not impose an inheritance tax on beneficiaries.
- Federal estate tax only: The 2026 federal exemption is $13.61 million per individual ($27.22 million for married couples using portability). The vast majority of Mississippi families will never owe any estate tax.
Three Mississippi-Specific Estate Planning Insights
1. Elective Share — Protecting Surviving Spouses
Under Miss. Code Ann. § 91-5-25, a surviving spouse who is left out of a will (or receives less than their intestate share) may elect against the will and take their intestate portion instead. This elective share is typically one-third of the estate if children survive, or one-half if no children survive. Estate plans that attempt to disinherit or significantly minimize a spouse's share should anticipate this election right.
2. No-Contest Clauses Are Enforceable
Mississippi recognizes in terrorem (no-contest) clauses in wills. A properly drafted no-contest clause can deter beneficiaries from challenging the will by threatening forfeiture of their bequest if they contest and lose. If you have a complicated family situation and want to reduce the risk of challenges, including a no-contest clause with the help of a Mississippi attorney is worth considering.
3. Pretermitted Heir Protection
Under Miss. Code Ann. § 91-5-3, a child born or adopted after a will is executed is entitled to an intestate share of the estate unless the will explicitly provides for such afterborn children or shows a clear intention to omit them. If you have children after making your will, update it immediately — failure to do so could disrupt your entire distribution plan.
Frequently Asked Questions
Is an online will legal in Mississippi?
Yes. Under Miss. Code Ann. § 91-5-1, a valid Mississippi will must be in writing, signed by the testator (18+, sound mind), and attested by two credible witnesses who sign in the testator's presence. Notarization is not required, but a self-proving affidavit under § 91-7-7 simplifies Chancery Court probate.
Does Mississippi require two witnesses for a will?
Yes — and this applies to all wills, including handwritten ones. Under § 91-5-1, two credible witnesses must sign in the testator's presence. Unlike many states that accept unwitnessed handwritten (holographic) wills, Mississippi requires witnesses for every valid will.
What is the small estate affidavit limit in Mississippi?
Mississippi allows simplified collection of personal property when the gross estate value is $75,000 or less. Successors can use an affidavit to collect assets without opening a formal Chancery Court probate case, typically 30 days after death. Real estate requires full Chancery Court probate regardless of value.
Does Mississippi have a state estate tax?
No. Mississippi has no state estate tax and no inheritance tax. Only the federal estate tax applies (2026 exemption: $13.61 million per individual). The vast majority of Mississippi families will never owe any estate tax.
How does Mississippi's homestead exemption affect estate planning?
Under Miss. Code Ann. § 85-3-21, up to 160 acres of rural land (or one city acre) used as the family home is exempt from creditor claims. This protection extends through probate to surviving spouses and minor children. For farming families, this can protect the primary residence and surrounding acreage from creditors — but your will still determines who inherits it.
Can I disinherit my spouse in Mississippi?
No — not entirely. Under Miss. Code Ann. § 91-5-25, a surviving spouse has an elective share right to receive what they'd get under intestacy (typically one-third if children survive, one-half if no children). They can elect against your will to claim this share regardless of what the will says.
Does Mississippi recognize remote notarization for the self-proving affidavit?
Yes. Under Miss. Code Ann. § 25-33-3, Mississippi notaries may perform notarial acts using audio-video technology. This means you can complete the self-proving affidavit for your will via a remote online notary, without an in-person notary visit — the entire will creation and execution process can be done from home.
How much does an online will cost in Mississippi?
Online will services for Mississippi residents cost $39/year (LawDepot) to $199 (Trust & Will) for a complete package including will, power of attorney, and healthcare directive. This compares to $800–$2,000 for a Mississippi estate planning attorney. Trust & Will at $199 is our recommendation for its comprehensive documents and free lifetime updates.