Mississippi Small Estate Affidavit

Updated September 3, 2026. Quick answer: Mississippi lets a small estate be settled with Affidavit (“affidavit of successor”): not a court petition. It is a sworn statement made by the successor and presented directly to whoever holds the decedent’s property or owes the decedent money; it is not filed with a court unless the holder refuses to comply., usable after a 30-day wait, and it is Not filed with any court. The affidavit is presented directly to the person or institution indebted to the decedent or holding the decedent’s tangible personal property/stock/instruments (e.g., a bank). Only if that holder refuses to pay/deliver does the matter go to chancery court to compel compliance.. Real estate: No.

The verdicts

What the statute actually says

“[A]t any time after thirty (30) days from the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment when due of the indebtedness or deliver [it] to a person claiming to be the successor of the decedent … upon being presented an affidavit made by the successor stating: (a) That the value of the entire probate estate of the decedent, wherever located, excluding all liens and encumbrances thereon, does not exceed Seventy-five Thousand Dollars ($75,000.00); (b) That at least thirty (30) days have elapsed since the death of the decedent.”

(Miss. Code Ann. § 91-7-322)

The dollar limit

The value of the decedent’s entire probate estate, wherever located, excluding all liens and encumbrances, must not exceed $75,000.00: Miss. Code Ann. § 91-7-322(1)(a) (as amended by 2020 Miss. Laws, S.B. 2850, effective July 1, 2020). One uniform cap applies regardless of whether the successor is a spouse, child, grandchild, parent, or sibling: no separate, higher spousal tier under this section.

All 51 limits, compared.

The form

No official statewide judicial-branch form found. County-level and bar-association templates exist (e.g., DeSoto County Chancery Court’s “prob-46” form referencing § 91-7-322), but no single Mississippi AOC/Supreme Court statewide fillable form was located.

What could not be verified

Verified against the official enrolled 2020 Mississippi Senate Bill 2850 (the act that amended § 91-7-322 to its current $75,000 threshold, effective 7/1/2020), hosted by the Mississippi Department of Archives and History (da.mdah.ms.gov): read in full this session. The statute never uses the word “notarized,” only “an affidavit made by the successor”; Mississippi’s general affidavit/oath law was not independently verified this session, so notarized is marked “Not stated” rather than assumed.

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

Also for Mississippi: Mississippi Power of Attorney Requirements · How Much Does a Will Cost in Mississippi?.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.