Is an Online Will Legal in Mississippi?
An online service can prepare a valid Mississippi will, but execution is on paper: the testator signs (or directs someone to sign in his or her presence at his or her express direction) and two or more credible witnesses attest in the testator's presence. A will wholly written and subscribed in the testator's own hand is valid with no witnesses at all.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Mississippi will.
Sign it fully remotely
Paper signingWhether Mississippi recognizes an electronic will executed without an in-person paper signing.
What this means for you
Mississippi does not recognize electronic wills, so fully remote execution is not an option. Have the subscribing witnesses sign § 91-7-7 affidavits at the signing table, with their addresses; due execution must otherwise be proved by a subscribing witness at probate, and the affidavit does that job in an uncontested case.
What Mississippi Law Requires
The governing law is Miss. Code Ann. tit. 91, ch. 5 (Wills and Testaments), §§ 91-5-1 to 91-5-35; proof of execution at § 91-7-7. Each rule below links to the official source it was read from.
| Requirement | The Mississippi rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound and disposing mind. | Miss. Code Ann. § 91-5-1 |
| Written document | Required. | Miss. Code Ann. § 91-5-1 |
| Signature | The testator signs. The will may be signed by some other person in the testator's presence and by his or her express direction. | Miss. Code Ann. § 91-5-1 |
| Witnesses | 2. If the will is not wholly written and subscribed by the testator, it must be attested by two (2) or more credible witnesses in the presence of the testator or testatrix. That is the statute's whole presence test: it does not in terms require the witnesses to sign in each other's presence or the testator to sign in the witnesses' presence. | Miss. Code Ann. § 91-5-1 |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Miss. Code Ann. § 91-7-7 |
Signing Day in Mississippi
If the will is not wholly written and subscribed by the testator, it must be attested by two (2) or more credible witnesses in the presence of the testator or testatrix. That is the statute's whole presence test: it does not in terms require the witnesses to sign in each other's presence or the testator to sign in the witnesses' presence.
The self-proving step worth adding
The execution of the will may be proved by affidavits of subscribing witnesses; the affidavits may be annexed to the will or be a part of the will, must state the address of each subscribing witness, and may be signed at the time that the will is executed (§ 91-7-7). Mississippi has no Uniform Probate Code style 'self-proved will' statute with a conclusive presumption: a search of the official portal for 'self-proved' returns no such provision. The § 91-7-7 witness affidavit is the practical equivalent for an uncontested probate, where due execution must otherwise be proved by at least one subscribing witness. Timing: may be signed at the time the will is executed, or later for probate.
Choose witnesses carefully
If a subscribing witness receives a devise or bequest and the will cannot otherwise be proven, the devise or bequest to that witness is void; the witness remains competent as to the residue of the will and may be compelled to testify. If the witness would have been entitled to a share of the estate had the will not been established, so much of that share is saved to the witness as does not exceed the value of the devise or bequest (§ 91-5-9).
Shortcuts Mississippi Does and Does Not Recognize
Handwritten (holographic) wills
YesA will wholly written and subscribed by the testator himself or herself needs no attesting witnesses: § 91-5-1 requires attestation by two or more credible witnesses only 'if not wholly written and subscribed' by the testator. The statute does not require a date.
The holographic form comes from the same sentence of § 91-5-1 that creates the attested form, not from a separate section. (Miss. Code Ann. § 91-5-1)
Oral wills
NarrowlyA nuncupative will may be established only if made in the time of the last sickness of the deceased, at his or her habitation or where he or she had resided for ten days next preceding death, except where the person is taken sick from home and dies before returning. Where the value bequeathed exceeds $100, it must be proved by two witnesses that the testator called on some person present to take notice or bear testimony that such is his or her will, or words to that effect (§ 91-5-15). Probate may not be taken until 14 days after death and until the widow and resident next of kin have been summoned to contest it (§ 91-5-17), and after six months from the speaking of the testamentary words no testimony is received unless the words or their substance were reduced to writing within six days (§ 91-5-19).
These Hutchinson's Code era provisions make the nuncupative will a deathbed instrument of last resort, not a planning option. (Miss. Code Ann. § 91-5-15)
Electronic wills
NoMississippi has no electronic-wills statute: a full-text search of the official code portal for 'electronic will' returns no provision, and § 91-5-1 requires a written, signed, attested (or wholly handwritten) instrument. The Uniform Electronic Transactions Act expressly does not apply to a transaction governed by a law governing the creation and execution of wills, codicils, or testamentary trusts (§ 75-12-5(b)(1)), so an e-signature cannot satisfy the will formalities. (Miss. Code Ann. § 75-12-5(b)(1))
A Will Signed in Another State
Authenticated copies of wills proven according to the laws of any of the states of the union, of the territories, of the District of Columbia, or of any foreign country, and affecting or disposing of real property within Mississippi, may be admitted to probate in the proper court; such a will may be contested as the original might have been had it been executed in Mississippi, or the original may be proven and admitted to record here (§ 91-7-33). (Miss. Code Ann. § 91-7-33)
Keep Going
- The full Mississippi will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Mississippi estate planning sets the will beside the other documents a complete plan needs.
- A Mississippi revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Mississippi?
Does a Mississippi will need to be notarized?
How many witnesses does a Mississippi will need?
Are handwritten (holographic) wills valid in Mississippi?
Are electronic wills legal in Mississippi?
Is a will made in another state valid in Mississippi?
SourcesOfficial references used for this page
- § 91-5-1. Who may execute; signature; attestation.
- § 91-5-9. Devise to witness void.
- § 91-5-15. Nuncupative wills.
- § 91-5-17. Parties in interest to nuncupative will to be cited.
- § 91-5-19. Nuncupative will not to be proven after six months unless reduced to writing.
- § 91-7-7. Proof of due execution of will.
- § 91-7-33. Foreign wills recorded.
- § 75-12-5. Scope.
Verified against Miss. Code Ann. tit. 91, ch. 5 (Wills and Testaments), §§ 91-5-1 to 91-5-35; proof of execution at § 91-7-7 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Mississippi can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
More Mississippi Resources
Explore the rest of the Mississippi probate hub.
Start here