Mississippi Small Estate Affidavit Form

• Maximum Amount: $75,000, the value of the entire probate estate, wherever located, excluding liens and encumbrances. The affidavit covers personal property only, not real estate.^[1]
• Signing Requirements: Sworn before a notary public.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: Mississippi does not use a 120-hour survival rule.^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: If the decedent left no children or other descendants, the surviving spouse receives the entire estate. If the decedent left children, the spouse takes a “child’s part,” meaning the spouse and each child receive equal shares.^[6]
• No Spouse, Children: The children share equally with the surviving spouse, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the children take the entire estate equally.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The entire probate estate (excluding liens and encumbrances) must be $75,000 or less, the assets must be personal property, and no application or petition for a personal representative may be pending or granted.^[9]

Step 3 – Identify the Successor

Determine who is entitled to the property under the will or by intestate succession.^[10]

Step 4 – Prepare and Notarize the Affidavit

Prepare the affidavit stating the $75,000 value limit, that 30 days have elapsed, that no administration is pending, and that the affiant is entitled to the property, then sign it before a notary public.^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit to the bank, debtor, or other holder of the property to obtain payment or delivery. If the holder refuses, bring a proceeding in chancery court.^[12]