Mississippi Will Requirements

Mississippi will requirements come down to a short list of rules in the Mississippi Code, and most people want one answer first: what makes a will valid here. In Mississippi, the maker (the testator or testatrix) must be at least 18 and of sound and disposing mind, and the will must be signed by the maker or by another person in the maker's presence and at the maker's express direction. If the will is not wholly written and subscribed by the maker, it must be attested by two or more credible witnesses in the presence of the testator. Mississippi also recognizes a handwritten (holographic) will that is wholly written and subscribed by the maker, which needs no witnesses. (See Miss. Code 91-5-1.)

Use this page as a planning map, not as legal advice or a do-it-yourself signing kit. Mississippi chancery courts apply these statutes to the exact facts of each will, and a small signing mistake can put a will at risk. When property, a blended family, or a possible dispute is involved, confirm your plan with a licensed Mississippi attorney before you sign.

For the broader picture of how an estate moves through the courts after death, start at the Mississippi probate resource hub, which gathers the county chancery clerk pages and state-specific guides.

Who Can Make a Will in Mississippi

Two capacity rules sit at the front of Mississippi will requirements. The Code says every person 18 years of age or older, being of sound and disposing mind, has the power to make a last will and testament or codicil in writing. (Source: Miss. Code 91-5-1.)

Here is what that means in plain terms:

Age. The maker must be at least 18. A person under 18 cannot make a valid will in Mississippi.
Sound and disposing mind. The maker must understand, in a general way, that they are making a will, the nature and extent of their property, and the people who would normally receive it. A will signed by someone who lacks a sound and disposing mind is not valid.

Capacity is judged at the moment of signing, not before or after. A later illness does not undo a will that was validly made while the maker had a sound and disposing mind.

The Core Signing Rules

For a will that is not wholly handwritten (the typed or printed will most people use), Mississippi sets two linked requirements. (Source: Miss. Code 91-5-1.)

Writing and signature. The will must be in writing and signed by the testator or testatrix, or signed by another person in the maker's presence and at the maker's express direction.
Two or more credible witnesses. If the will is not wholly written and subscribed by the maker, it must be attested by two or more credible witnesses in the presence of the testator or testatrix.

The two-witness rule is the part that trips up homemade wills. The witnesses must attest the will in the presence of the maker. A witness who signs later, alone, or in another room puts the will at risk. Mississippi courts have invalidated wills that fell short on attestation, so treat this step with care. Choose witnesses who are not receiving anything under the will when you can, and keep them reachable for probate.

Here is a practical reassurance: Mississippi does not require a typed will to be notarized to be valid. A will signed by the maker and attested by two or more credible witnesses is valid without a notary. Notarization only matters for the optional self-proving affidavit described below.

Handwritten (Holographic) Wills

Mississippi is one of the states that recognizes a holographic will, meaning a will wholly written and subscribed by the maker's own hand. Under the statute, the witness requirement applies only when the will is "not wholly written and subscribed" by the maker. So a will entirely in the maker's handwriting and signed by the maker is valid without witnesses. (Source: Miss. Code 91-5-1.)

Read the conditions closely:

Wholly written by the maker. The entire document must be in the maker's own handwriting. A printed form with handwritten blanks is not a holographic will.
Subscribed by the maker. The maker must sign it.
No witnesses needed at signing. A holographic will does not require attesting witnesses, but the handwriting and signature must still be proved when the will is offered for probate.

A holographic will is a real option, but it is often the most contested kind. Handwriting can be hard to prove, intent can be unclear, and locating people who can verify the maker's handwriting years later is not always easy. A typed will attested by two credible witnesses, made self-proving, is usually the cleaner path.

Self-Proving Affidavits

Mississippi lets a will be made self-proving, which removes a common probate headache: tracking down the witnesses to testify. The execution of a will may be proved by affidavits of the subscribing witnesses, and those affidavits may be annexed to or made part of the will and may be signed at the time the will is executed. The chancery court then accepts the affidavit instead of live testimony. (Source: Miss. Code 91-7-7.)

What this means for a Mississippi will:

A self-proving affidavit is optional. A will without one is still valid if it was signed and attested correctly.
The affidavit does not replace the witnesses at signing. It is an extra sworn statement by the same subscribing witnesses, and it must state each witness's address.
With a self-proving affidavit, the chancery court can usually admit the will without producing the witnesses, which saves time and avoids problems if a witness has died or moved.

Adding a self-proving affidavit when you sign is the single easiest way to make a typed Mississippi will move smoothly through probate.

Witnesses Who Are Also Beneficiaries

A frequent worry is whether a will fails because a witness also inherits under it. In Mississippi, the will does not automatically fail, but the witness's gift is at risk. If a subscribing witness is also given a devise or bequest, and the will cannot otherwise be proven, that devise or bequest is void, while the witness stays competent to testify about the rest of the will. (Source: Miss. Code 91-5-9.)

The statute softens the result a little: if the witness would have inherited a share had there been no will, the witness keeps that intestate share up to the value of the voided gift. Even so, using disinterested witnesses is the safer practice. It removes any argument about bias and protects the gift you intend to leave.

Notarization and Where the Will Is Probated

Two points close out the basics of Mississippi will requirements.

Notarization is not required for validity. A Mississippi will is valid when it meets the writing, signature, and two-witness rules in Miss. Code 91-5-1. A notary is involved only in the optional self-proving affidavit, which speeds up probate but is not part of basic validity.
Probate happens in chancery court. Mississippi probate is heard in chancery court, and the filing office is the chancery clerk. Wills are proved in, and letters testamentary granted by, the chancery court of the county where the maker had a fixed place of residence. (Source: Miss. Code 91-7-1.)

When the will is offered, the chancery court needs proof of due execution. That proof comes from at least one of the subscribing witnesses if available, from a self-proving affidavit, or, when no witness can be produced, from proof of the handwriting of the maker and the witnesses. (Source: Miss. Code 91-7-7.)

How a Mississippi Will Is Revoked or Changed

A valid will can be undone, and the methods matter. Mississippi recognizes revocation by physical act and by a later writing. A will or any clause is revoked when the maker destroys, cancels, or obliterates it, or causes that to be done in the maker's presence, or makes and executes a later will, codicil, or written declaration. (Source: Miss. Code 91-5-3.)

Two follow-on points are worth knowing:

Use the same formalities to change a will. Writing on the original, swapping pages, or telling family your new wishes does not change a will. Sign a new will or a codicil with the same signing and witness rules when your plan changes.
Review after major life events. Marriage, divorce, a new child, or a big change in property are all reasons to revisit the document. The will, any beneficiary designations, and any trust may follow different rules, so look at the full picture together.

Because a homemade revocation can leave doubt about your intent, the cleanest path is a fresh, properly signed will that expressly revokes the old one.

What This Means for Your Plan

If you want a Mississippi will that holds up, the cleanest version usually looks like this:

Confirm the maker is at least 18 and of sound and disposing mind.
Put the will in writing and have the maker sign it.
Have it attested by two or more credible, ideally disinterested, witnesses in the maker's presence.
Add a self-proving affidavit when you sign so the witnesses do not have to appear at probate.
Store the original safely and tell your executor where it is, because the original is what the chancery clerk files for probate.

A will is one piece of a Mississippi estate plan. If a will fails these requirements or no will exists, the estate passes under the Mississippi intestate succession guide instead, so it is worth knowing who would inherit by default. To see how the rest fits together, including the county chancery clerk directory and the other state guides, start at the Mississippi probate resource hub.

This guide is general information about Mississippi wills. It is not legal advice. Confirm anything that affects your situation with the chancery clerk or a licensed Mississippi attorney before you sign or rely on a will.

Sources

Title: Miss. Code 91-5-1, Who may execute; signature; attestation. Publisher: Mississippi Code 1972 (Justia, official text). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-1/
Title: Miss. Code 91-5-3, Revocations. Publisher: Mississippi Code 1972 (Justia, official text). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-3/
Title: Miss. Code 91-5-9, Devise to witness void. Publisher: Mississippi Code 1972 (Justia, official text). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-9/
Title: Miss. Code 91-7-1, Venue of proof of wills. Publisher: Mississippi Code 1972 (Justia, official text). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-7/division-general-provisions/section-91-7-1/
Title: Miss. Code 91-7-7, Proof of due execution of will. Publisher: Mississippi Code 1972 (Justia, official text). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-7/section-91-7-7/
Title: Mississippi Legislature, official statute portal. Publisher: Mississippi Legislature. Publication Date: Accessed 2026-06-14. URL: https://www.legislature.ms.gov/