How to Make a Will in Mississippi

If you're a resident of Mississippi and thinking about making a will, you should understand what a will is and how to create one. A last will and testament (more commonly known as a will) can help protect your family and your property.

A will can be used to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Mississippi laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Mississippi

Here's a quick checklist for making a will in Mississippi:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Mississippi, if you die without a will, your property will be distributed according to Mississippi's intestacy law, which gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Mississippi?

Yes. You can make your own will in Mississippi, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Mississippi

To make a will in Mississippi, you must be:

• an individual 18 years of age or older, and
• of "sound and disposing mind."

(Miss. Code § 91-5-1 (2025).)

You must generally make your will on hard copy. That is, it must be on actual paper. It can't be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter. Mississippi does permit handwritten wills, but they are usually not a good idea. (Miss. Code § 91-5-1 (2025).)

Mississippi also allows for nuncupative (oral) wills. Oral wills should generally be avoided because they are legal only in very limited circumstances. You can make an oral will if you make it during your last sickness in a place where you've resided for at least 10 days before making the oral will. Two witnesses must hear you state your will and put it in writing within six days of hearing it. (Miss. Code §§ 91-5-15, 91-5-19 (2025).)

How to Sign and Execute My Mississippi Will

To finalize your will in Mississippi:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(Miss. Code § 91-5-1 (2025).)

Holographic (handwritten) wills don't require witnesses. However, you must write your entire will and sign it in your own handwriting for it to be valid. (Miss. Code § 91-5-1 (2025).)

Your witnesses should be disinterested (meaning they won't inherit from your will) because an interested witness who stands to inherit from your will can lose the gift you give them by signing as a witness. (Miss. Code § 91-5-9 (2025).)

Do I Need to Have My Will Notarized?

No, in Mississippi, you don't need to notarize your will to make it legal. But Mississippi allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Miss. Code § 91-7-7 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Mississippi currently doesn't allow e-wills, but that might change in the future.

Should I Choose and Appoint an Executor in My Will?

Yes. In Mississippi, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Mississippi?

In Mississippi, you may revoke or change your will at any time. You can revoke your will by:

• destroying, canceling, or obliterating your will
• ordering someone else to destroy, cancel, or obliterate your will in front of you
• making a new will that revokes the old will, or
• making a writing that says you revoke the old will and following the same formalities you used to make your original will (see above).

(Miss. Code § 91-5-3 (2025).)

Mississippi has special rules that may automatically revoke your will if certain events occur. For instance, if you didn't have a child at the time you made your will and your will doesn't provide for future children you might have, your will is considered revoked if you have a child or your spouse is pregnant with your child when you die. Your will won't be revoked if:

• your child dies before turning 21, and
• your child dies without having been married or leaving children behind.

If this situation occurs, causing your will to be revoked, intestacy laws apply, and your property is passed as though you never made a will. (Miss. Code § 91-5-3 (2025).)

While many states will automatically revoke any provisions where you left your spouse property or named your spouse as the executor of your estate if you divorce, divorce doesn't automatically revoke your will in Mississippi. So, if you get a divorce and don't want your spouse to inherit, you will need to make a new will.

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Mississippi's laws about making wills here: Mississippi Code Annotated, Title 91 Trusts and Estates, Chapter 5 Wills and Testaments.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Mississippi wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Mississippi, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Mississippi?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Mississippi, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Mississippi doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.