Small estate affidavit in Mississippi (2026)

In Mississippi, heirs can collect up to $75,000 without probate with a sworn affidavit (Affidavit of successor (Miss. Code §91-7-322)). You must wait 30 days after the death. Real estate: not covered. Last checked October 23, 2026.

Mississippi at a glance

Affidavit cap: $75,000
Value counted: Net value (after liens and encumbrances)
Waiting period: 30 days
If there is a will: Can still be used
File with a court: No
Real estate: Not covered
Court shortcut: Probate of will as muniment of title only (Miss. Code §91-5-35) (up to $75,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Date of deathValue of what they owned in their own name ($)Leave out accounts with a beneficiary (POD/TOD), joint property and trust assets.

Includes a house or land in their name only I am the surviving spouse There is a will

Enter the date of death and the value

Mississippi cap for this date of death

$75,000

A worked example for Mississippi

Say a parent who lived in Mississippi died on March 1, 2026, leaving $60,000 in a bank account in their name only and no house. $60,000 is within the $75,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Mississippi

The affidavit. The successor gives a sworn affidavit to anyone owing the decedent money or holding personal property, who must pay or deliver it as the successor directs. It is not filed with a court.
Cap. The probate estate, after liens, must not exceed $75,000 (the amount since July 1, 2020; earlier $50,000).
What counts. The entire probate estate wherever located, excluding all liens and encumbrances.
What doesn't count. Liens and encumbrances. Non-probate property is outside the 'probate estate'. Special rules for some bank and credit union deposits (§§81-5-63, 81-12-135, 81-12-137, 91-7-323) take priority.
Waiting period. At least 30 days after the death.
Conditions. No petition to appoint a personal representative may be pending, and none may have been appointed anywhere. The affidavit states the relationship facts, directs how the property is distributed, and acknowledges the successor's duty to pass the property to anyone with a superior right.
Who can sign. A 'successor' in this order: the spouse; if none, any child; if none, any grandchild; if none, either parent or any sibling. A guardian, conservator or other representative may act for a minor or incapacitated successor.
Court filing. Not filed with a court. If a holder refuses, the successor can sue in chancery court.

Houses, land and vehicles

Real estate. The affidavit reaches personal property and debts only. Where a will devises Mississippi land, it can be probated as a muniment of title only, by sworn petition and without administration, if the probate estate (excluding real property and exempt property) is within the §91-7-322 amount and all known debts are paid. Without a will, land passes through chancery court (administration or heirship).
Vehicles. When there is no probated will or personal representative, heirs title the vehicle with the Department of Revenue's Affidavit of Heirship for a Motor Vehicle, attached to the title application.

When the affidavit isn't enough

For a will that devises Mississippi real property: probated by a petition signed and sworn by the personal representative, or by the spouse and the devisees, without opening an administration. The $75,000 cap counts the probate estate excluding real property and exempt property. Otherwise, a regular chancery administration is needed.

Good to know in Mississippi

The official Mississippi Code online is hosted by LexisNexis behind terms of use, so the section text here comes from the enacted session law, SB 2850 (2020, ch. 343, effective July 1, 2020). Bills to raise the cap (HB 699 in 2022, HB 164 in 2025) died in committee.
Whoever receives property is answerable to any personal representative or anyone with a superior right.
No official court or state affidavit form or self-help page was found.

Sources

SB 2850 (2020 Regular Session), as signed - amends §§91-5-35, 91-7-322 (read October 23, 2026)
SB 2850 (2020) bill history - Chapter 343, effective July 1, 2020 (read October 23, 2026)
Mississippi Legislature 2025 - code section 91-7-322 bills (HB 164 died) (read October 23, 2026)
Mississippi DOR - Affidavit of Heirship for a Motor Vehicle (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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