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Mississippi Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Mississippi.

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Types of Probate in Mississippi

Mississippi offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Mississippi probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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Mississippi Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 82 counties have detailed data.

Full data available: AdamsFull data available: AlcornFull data available: AmiteFull data available: AttalaFull data available: BentonFull data available: BolivarFull data available: CalhounFull data available: CarrollFull data available: ChickasawFull data available: ChoctawFull data available: ClaiborneFull data available: Clarke
Show all 82 counties
Full data available: ClayFull data available: CoahomaFull data available: CopiahFull data available: CovingtonFull data available: DeSotoFull data available: ForrestFull data available: FranklinFull data available: GeorgeFull data available: GreeneFull data available: GrenadaFull data available: HancockFull data available: HarrisonFull data available: HindsFull data available: HolmesFull data available: HumphreysFull data available: IssaquenaFull data available: ItawambaFull data available: JacksonFull data available: JasperFull data available: JeffersonFull data available: Jefferson DavisFull data available: JonesFull data available: KemperFull data available: LafayetteFull data available: LamarFull data available: LauderdaleFull data available: LawrenceFull data available: LeakeFull data available: LeeFull data available: LefloreFull data available: LincolnFull data available: LowndesFull data available: MadisonFull data available: MarionFull data available: MarshallFull data available: MonroeFull data available: MontgomeryFull data available: NeshobaFull data available: NewtonFull data available: NoxubeeFull data available: OktibbehaFull data available: PanolaFull data available: Pearl RiverFull data available: PerryFull data available: PikeFull data available: PontotocFull data available: PrentissFull data available: QuitmanFull data available: RankinFull data available: ScottFull data available: SharkeyFull data available: SimpsonFull data available: SmithFull data available: StoneFull data available: SunflowerFull data available: TallahatchieFull data available: TateFull data available: TippahFull data available: TishomingoFull data available: TunicaFull data available: UnionFull data available: WalthallFull data available: WarrenFull data available: WashingtonFull data available: WayneFull data available: WebsterFull data available: WilkinsonFull data available: WinstonFull data available: YalobushaFull data available: Yazoo

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Mississippi Probate Guides

View all guides
Mississippi Probate Guide
MSJun 14, 2026

Mississippi Probate Guide

How to Avoid Probate in Mississippi
MSJun 14, 2026

How to Avoid Probate in Mississippi

Mississippi Probate Timeline
MSJun 14, 2026

Mississippi Probate Timeline

Mississippi Executor Duties
MSJun 14, 2026

Mississippi Executor Duties

Ancillary Probate in Mississippi: Out-of-State Property
MSJul 1, 2026

Ancillary Probate in Mississippi: Out-of-State Property

Can You Handle Mississippi Probate Without a Lawyer?
MSJul 1, 2026

Can You Handle Mississippi Probate Without a Lawyer?

Browse Mississippi guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

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Forms & Court

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Property Transfer

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Avoiding Probate

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Mississippi Probate Self-Help and Online Resources

Mississippi Estate Law Overview

Mississippi Estate Tax Info

Mississippi has no state estate tax, no state inheritance tax, and no state gift tax. Mississippi also imposes no value-based state probate tax (unlike Virginia). Mississippi does have a state individual income tax (a flat rate that is being phased down).

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives a Mississippi decedent's probate property when there is no valid will. Probate of an intestate estate is handled in chancery court, and the filing office is the chancery clerk of the county where the decedent resided.

View spouse inheritance rules
No surviving children of the decedent and no descendants of deceased children100%

Under Miss. Code 91-1-7, if the decedent leaves no child or descendant of a child, the surviving spouse takes the entire estate, real and personal, in fee simple, after payment of debts.

The decedent is survived by a spouse and one or more children (or descendants of deceased children), whether of this or a former marriageA child's part (equal share with the children)

Under Miss. Code 91-1-7 the surviving spouse takes 'a child's part' in fee simple. The estate is divided into equal shares, one for the surviving spouse and one for each child, so with a spouse and two children each takes one-third. Mississippi does NOT use a fixed spousal fraction in this situation.

View order of inheritance (no spouse)
  1. 1Children and their descendantsEqual parts among children; descendants of a deceased child take by representation
  2. 2Brothers and sisters, and father and mother, and descendants of deceased siblingsIf no descendants, the estate passes to the decedent's brothers and sisters and the father and mother, in equal parts, with descendants of a deceased brother or sister taking by representation
  3. 3Grandparents, uncles, and auntsIf no descendants, siblings, or parents, the estate passes to the grandparents and the uncles and aunts in equal parts
  4. 4Next of kin in equal degreeIf none of the above, the estate passes to the next of kin of the intestate in equal degree, computed under the rules of descent

Mississippi Homestead Protection

Mississippi homestead protection is a value- and acreage-capped creditor exemption, not an unlimited constitutional homestead. Under Miss. Code 85-3-21 a householder may hold a residence exempt from execution or attachment up to $75,000 in value, on land not exceeding 160 acres. Mississippi separately provides an ad valorem (property tax) homestead exemption under Title 27, Chapter 33, and estate protections (exempt property and one year's support) under Title 91, Chapter 7.

0
Creditor protection: read the statute text

$75,000 in value, on land not exceeding 160 acres

Statute: Miss. Code 85-3-21

Size limits & qualifications

Inside city limits: 160 acres maximum (value cap $75,000)

Outside city limits: 160 acres maximum (value cap $75,000)

Property types: Owner-occupied residence and the land it sits on, up to 160 acres, Buildings on the homestead parcel

Restrictions on leaving homestead in will

With spouse, no minor children:

Residence generally follows the will, survivorship terms, beneficiary or TOD arrangements, or intestacy; the surviving spouse's occupancy right and the renunciation (elective) right under Miss. Code 91-5-25 et seq. are analyzed separately.

With minor children:

No Florida-style devise restriction modeled. Minor children's rights arise through the estate exempt property (Miss. Code 91-7-117) and the one year's support (Miss. Code 91-7-135), plus homestead creditor protection.

Exempt Property

Mississippi protects a surviving spouse and children through two estate-level allowances - the exempt property set apart by appraisers (Miss. Code 91-7-117) and a one year's support allowance (Miss. Code 91-7-135) - and separately exempts a debtor's property from creditors under Title 85, Chapter 3. These protections are limited and source-specific.

View exempt items
Estate Exempt Property (surviving spouse or children)
Under Miss. Code 91-7-117 the court appraisers set apart for the surviving spouse, or the decedent's children, the property of the decedent that was exempt from execution (the homestead and exempt personal property). The set-aside follows the exemption statutes (Miss. Code 85-3-1 and 85-3-21) rather than a separate flat dollar allowance.
The property of the decedent that is exempt from execution under Mississippi's exemption laws
Homestead (creditor)
Owner-occupied residence a householder holds exempt from execution under Miss. Code 85-3-21. See homestead-law.json.
$75,000 in value, on up to 160 acres
Tangible Personal Property (creditor)
Miss. Code 85-3-1 exempts tangible personal property selected by the debtor up to $10,000 cumulative value (household goods, wearing apparel, books, animals, crops, one firearm, one lawn mower, wedding rings, and similar items).
$10,000 cumulative value selected by the debtor
Wages, benefits, and retirement
Miss. Code 85-3-1 also exempts a portion of disposable wages, certain disability and public benefits, and qualifying retirement accounts. Verify the current categories and caps.
Statutory amounts; verify current caps

Family Allowance

One year's provision for the comfortable support of the spouse and children, including provision embraced in the exempt property; the sum is set by the court if existing provisions are insufficient (no fixed statutory dollar cap) - Under Miss. Code 91-7-135 the court or chancellor sets apart out of the decedent's effects one year's provision for the spouse and the children who were being supported by the decedent (or for the spouse if there are no such children, or for the children if there is no spouse). If provisions are insufficient, the court determines the sum necessary for comfortable support for one year.

Mississippi Probate Questions

How much does probate cost in Mississippi?
Mississippi probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Mississippi fee calculator for county-specific estimates.
How long does probate take in Mississippi?
The timeline varies by type: Formal Probate typically takes 6-12+ months, while Simplified Probate and Small Estate Procedures are usually much faster, depending on the county and the estate.
Do I need an attorney for probate in Mississippi?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
Are these Mississippi probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Mississippi county page and the county office handling the estate before filing.
Which Mississippi source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Mississippi Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.