Mississippi Small Estate Affidavit: Collection of Personal Property

Mississippi's small estate affidavit under Miss. Code § 91-7-322 lets a successor collect personal property from a qualifying estate at least 30 days after death, without opening a full Chancery Court probate. The estate's entire probate value must not exceed $75,000, and the path cannot transfer real property.

Based on Miss. Code § 91-7-322

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is a Mississippi Small Estate Affidavit?

A Mississippi small estate affidavit is the affidavit of successor under Miss. Code § 91-7-322. A successor signs the sworn affidavit and presents it directly to a bank, brokerage, or other asset holder to collect personal property without filing an estate in Chancery Court, when the value of the entire probate estate does not exceed $75,000, at least 30 days have passed since death, the decedent owned no real property to be administered, and no personal representative has been appointed or is pending.

Do you qualify?

Qualifying threshold: $75,000 (value of the entire probate estate, excluding non-probate property)The $75,000 cap under Miss. Code § 91-7-322 applies to the value of the entire probate estate, wherever located (out-of-state personal property counts too), excluding non-probate assets such as accounts with beneficiary designations, payable-on-death accounts, jointly owned property with survivorship, or trust property. The threshold was raised from $50,000 to $75,000 effective July 1, 2020 (S.B. 2850), is not inflation-indexed or year-of-death-banded, and changes only by legislative amendment. Confirm the current figure in the statute before relying on it.
Waiting period: 30 days after death
Court filing fee: $0 (the affidavit is presented to the asset holder; no Chancery Court filing fee)
Attorney: Not typically neededNo statewide requirement; counsel may help with debts, disputes, heirship questions, or real property issues
Real estate: Not covered by this procedureThe Miss. Code § 91-7-322 affidavit covers personal property only, such as bank accounts, securities, and tangible personal items. It cannot transfer Mississippi real property. If the decedent owned real property that must be administered, the estate generally must be opened in Chancery Court through full administration or, where a will exists and only title needs establishing, a muniment-of-title proceeding under Miss. Code § 91-5-35.

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Main Requirements

Personal Property Only

The Miss. Code § 91-7-322 affidavit covers personal property such as bank accounts, securities, and tangible items. It cannot be used when real property must be administered.

$75,000 Estate Value Limit

The value of the entire probate estate must not exceed $75,000. Non-probate assets (accounts with beneficiary designations, payable-on-death or survivorship property, trust property) are excluded from the calculation.

30-Day Wait

At least 30 days must pass after the date of death before the affidavit can be used.

No Real Property to Administer

The affidavit is available only when the decedent owned no real property that must be administered through the Chancery Court.

No Pending or Granted Administration

No personal representative may have been appointed, and no petition for appointment may be pending, for the estate.

Proper Successor

The person signing must be the successor entitled to the property under the will or, without a will, under Mississippi intestate succession, and signs under oath. A minor or incapacitated adult who is a successor can be represented by a guardian, conservator, custodian, or an agent under a power of attorney; that representative receives the property for the sole use and benefit of the minor or incapacitated person, and the guardianship rules in Miss. Code §§ 93-20-209 and 93-20-431 can cap how much a guardian may receive without a conservatorship.

Available Small-Estate Options

Small Estate Affidavit (Miss. Code § 91-7-322)

Limit: Entire probate estate $75,000 or less; personal property only; no real property to administer
Real Estate: Not included
Timeline: 30+ days after death, then asset-holder timing
Typical Fee: $0 court filing fee; affidavit presented to asset holder

Muniment of Title (Miss. Code § 91-5-35)

Limit: Solvent estate where a will only needs to establish title (typically real property); no full administration needed
Real Estate: Can be included
Timeline: Chancery Court filing and recording timing; county fees apply
Typical Fee: County chancery clerk filing fee (observed ~$148–$174 in sampled counties)

Full Administration (Chancery Court)

Limit: No dollar cap; use when the estate exceeds the limit, includes real property, or has debts or disputes
Real Estate: Can be included
Timeline: Several months or longer, including creditor claim period (90 days from first publication)
Typical Fee: County chancery clerk filing fee (observed ~$148–$184 in sampled counties; Miss. Code § 25-7-9 base)

The affidavit is a sworn statement

The Miss. Code § 91-7-322 affidavit is made under oath, and the successor who signs it takes on personal responsibility for the accuracy of the statements and for proper handling of the property. A successor who collects assets under the affidavit remains answerable to any personal representative later appointed and to any creditor or person with a superior right. Confirm the $75,000 value, the 30-day wait, the absence of real property, and the absence of any pending administration before signing, and contact the asset holder or legal counsel if anything is uncertain.

Step-by-Step Process

Wait 30 Days After Death

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm the Estate Value Is $75,000 or Less

List all probate property. Exclude non-probate assets such as accounts with beneficiary designations, payable-on-death accounts, jointly owned property with survivorship, and trust property. The total probate value must not exceed $75,000. Real property is not covered by the affidavit.

Confirm No Real Property and No Pending Administration

The affidavit requires that the decedent owned no real property to be administered and that no personal representative has been appointed or is pending in any jurisdiction. Verify with the county Chancery Clerk before relying on this path.

Identify the Successor or Successors

The affidavit is signed by or on behalf of the successor: the person entitled to the property under the will or, without a will, under Mississippi intestate succession (Title 91, Chapter 1). Correctly identifying all entitled successors before signing is important because errors can create personal liability.

Prepare the Affidavit and Gather Documents

Complete the affidavit stating that the 30-day wait has passed, the total probate estate value does not exceed $75,000, there is no real property to be administered, no personal representative is pending or appointed, and the successor's entitlement. Gather the certified death certificate and any proof of your right to collect.

Present the Affidavit to the Asset Holder

Give the affidavit and a certified death certificate to the bank, brokerage, or other holder of the personal property. The affidavit is presented to the holder, not filed to open a Chancery Court case. A holder that pays in good faith on a valid affidavit is discharged to the same extent as if it had dealt with a court-appointed personal representative. If a holder refuses to pay, deliver, or transfer the property, the successor can bring a proceeding in Chancery Court to prove the right and compel payment. Individual institutions may have their own documentation requirements, so confirm with the holder before arriving.

County Note: Mississippi probate is filed in the Chancery Court of the county where the decedent was domiciled, and the Chancery Clerk is the filing office. The small estate affidavit itself is presented to the asset holder, not filed with the court, so the main county contacts for this path are ordering certified death certificates and confirming any institution-specific requirements. If a full estate must be opened later, filing fees and practices vary by county under Miss. Code § 25-7-9.

FAQ: Mississippi Small Estate Affidavit

Does Mississippi have a small estate affidavit?

Yes. Mississippi's small estate affidavit is the affidavit of successor under Miss. Code § 91-7-322. A successor presents the sworn affidavit directly to a bank or other asset holder to collect personal property without opening a Chancery Court estate, when the estate fits the statutory requirements.

What is the Mississippi small estate limit?

The limit is $75,000 of the entire probate estate value, under Miss. Code § 91-7-322. That amount was raised from $50,000 effective July 1, 2020 (S.B. 2850). It is not inflation-indexed or banded by year of death and changes only by legislative amendment. Non-probate assets such as accounts with beneficiary designations and jointly owned property with survivorship do not count toward the limit.

How long do I have to wait before using the Mississippi small estate affidavit?

At least 30 days must pass after the date of death before a successor can use the Miss. Code § 91-7-322 affidavit.

Can a Mississippi small estate affidavit transfer real estate?

No. The Miss. Code § 91-7-322 affidavit covers personal property only and cannot transfer real property. If the decedent owned real property requiring administration, the estate generally must be opened in Chancery Court. If only a will needs to be recorded to establish title to real property, a muniment-of-title proceeding under Miss. Code § 91-5-35 may be available instead of full administration.

Do I file the Mississippi small estate affidavit with the Chancery Court?

No. The affidavit is presented directly to the bank or other holder of the personal property, not filed to open a Chancery Court estate. Because no court case is opened, there is no chancery filing fee for this path. If a full estate must later be opened, the chancery filing fee under Miss. Code § 25-7-9 applies.

Is there a separate rule for a deceased employee's final wages in Mississippi?

Yes. Under Miss. Code § 91-7-323, an employer may pay wages, salary, or other compensation owed to a person who has died directly to the surviving spouse, then to adult children, then to a parent, then to adult siblings, in that order. If no one in that line survives, or the takers are minors, the employer pays the chancery clerk of the county where the person lived or died. Miss. Code § 91-7-322 names this wage rule as an exception, so a final paycheck may be released under § 91-7-323 without the small estate affidavit at all.

Official Forms, Sources, and VerificationOfficial references used for this page

Miss. Code § 91-7-322, Affidavit of successor: delivery of personal propertyMississippi Legislature / Justia. Current code, accessed June 2026.
Miss. Code § 25-7-9, Clerks of the chancery court: feesMississippi Legislature / Justia. Current code (effective until 1/1/2028), accessed June 2026.
Mississippi Legislature (official Mississippi Code)Mississippi Legislature. Current official code, accessed June 2026.

Information current as of May 31, 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.