A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In Mississippi, if you die without a will, your property will be distributed according to state "intestacy" laws. Mississippi's intestacy law 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, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in Mississippi, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo's will-making products tell you when it's wise to seek a lawyer's advice.
To finalize your will in Mississippi:
No, in Mississippi, you do not need to notarize your will to make it legal.
However, 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.
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 will software and online will 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.
In Mississippi, you may revoke or change your will at any time. You can revoke your will by:
Mississippi has special rules that may automatically revoke your will if certain events occur. For example, if you didn't have a child at the time you made your will but you do at the time you die (or your wife is pregnant with your child), your will is revoked unless:
If this situation occurs, causing your will to be revoked, intestacy laws apply as though you never made a will. Miss. Code. Ann. § 91-5-3. 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 does not 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).
You can find Mississippi’s laws about making wills here: Mississippi Code Annotated Title 91 Trusts and Estates Chapter 5 Wills and Testaments.