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Mississippi Probate Guide

Probate in Mississippi.

Mississippi probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.

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At a glance — Mississippi probate
Small estate threshold
$50,000
After 0 days
Creditor claim period
6 months from first publication of the creditor notice
MS Code §91-7-51, §91-7-183
Administration types
2
independent, supervised
Minimum time to close
~9 months
Shortest realistic path

Types of probate administration in Mississippi

Mississippi recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.

INDEPENDENT

Less court supervision. Personal representative can act with minimal court involvement for most estate matters.

Qualifying requirements
  • Authorized by will
  • OR all heirs and devisees consent in writing
Court approval required for
  • Opening the estate
  • Closing the estate
SUPERVISED

Full court oversight. Court approval required for major actions including property sales and distributions.

Qualifying requirements
  • Default if independent not authorized
Court approval required for
  • Opening the estate
  • Property sales
  • Distributions to beneficiaries
  • Annual accountings
  • Closing the estate

The Mississippi probate process, step by step

These are the filings ordered the way they actually happen in a typical Mississippi estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.

  1. 1

    File Will or Petition for Administration

    Deadline: 1 year from death

    File Application for Letters Testamentary or Letters of Administration with the Chancery Court

    3 supporting documents
    • Original will (if exists)
    • Death certificate
    • Application for Letters with decedent info, estate value, heirs
    MS Code §91-7-1
  2. 2

    Publish Notice of Appointment

    Deadline: immediately from letters issued

    Chancery Court publishes notice once per week for 3 consecutive weeks in a newspaper of general circulation

    2 supporting documents
    • Notice of appointment
    • Creditor notice for publication
    MS Code §91-7-51
  3. 3

    File Inventory and Appraisement

    Deadline: 30 days from letters issued

    List all known assets with market values. Include real estate, personal property, and financial accounts.

    2 supporting documents
    • Inventory and Appraisement Form
    • Asset appraisals by court-appointed appraisers
    MS Code §91-7-155
  4. 4

    Creditor Claims Period

    Deadline: 6 months from first publication

    Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.

    MS Code §91-7-51
  5. 5

    File Final Accounting

    Deadline: After creditor period expires from creditor deadline

    Complete accounting of all estate transactions for presentation to court.

    3 supporting documents
    • Final Account/Report
    • Receipts for debts paid
    • Tax returns filed
    MS Code §91-7-155
  6. 6

    Distribute Estate Assets

    Deadline: After accounting approved and debts settled from accounting approved

    Distribute remaining assets to beneficiaries per will or Mississippi intestacy law.

    2 supporting documents
    • Distribution documentation
    • Beneficiary receipts
    MS Code §91-7-155
  7. 7

    Close Estate

    Deadline: After all distributions complete from distribution complete

    File final report and obtain court order closing the estate and discharging personal representative.

    3 supporting documents
    • Final report/accounting
    • Order closing the estate
    • Order discharging personal representative
    MS Code §91-7-155

Creditor notice and claim period

After the personal representative is appointed, a notice to creditors must be published weekly for 3 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.

Claim period
6 months from first publication of the creditor notice.

Direct mailing is also required to Each heir, Each devisee, Known creditors (recommended).

Absolute bar
No claims can be filed after 1 year from death regardless of notice
MS Code §91-7-51, §91-7-183

Small estate alternative in Mississippi

If the gross estate is small enough, Mississippi allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.

Threshold
$50,000
Gross estate value
Wait period
0 days
After date of death
Publication
Not required
Standard simplified path
Requirements
  • Estate value does not exceed $50,000
  • Decedent did not have a will
  • No application for letters pending or granted
  • All heirs and creditors agree to use affidavit procedure
MS Code §91-7-211

Where probate is filed in Mississippi

Probate is filed in the county where the decedent lived at the time of death. A sample of active Mississippi courts:

Hinds County Chancery Court
Hinds County County
316 S State St, Jackson, MS 39201
(601) 968-6561
Harrison County Chancery Court
Harrison County County
1801 23rd Ave, Gulfport, MS 39501
(228) 865-4300
DeSoto County Chancery Court
DeSoto County County
365 Losher St, Hernando, MS 38632
(662) 429-1450
Madison County Chancery Court
Madison County County
1 Multiwood Dr, Madison, MS 39110
(601) 605-9400

Frequently asked questions

+How long does probate take in Mississippi?

Most Mississippi estates close in 9–15 months. The floor is set by the creditor claim period (6 months from first publication of the creditor notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.

+Does Mississippi have a small estate option?

Yes. If the gross estate is $50,000 or less and at least 0 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: MS Code §91-7-211.

+What types of probate administration does Mississippi recognize?

Mississippi recognizes independent or supervised administration. independent — Less court supervision. Personal representative can act with minimal court involvement for most estate matters. supervised — Full court oversight. Court approval required for major actions including property sales and distributions.

+How does Mississippi's creditor notice period work?

After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 3 weeks. Creditors then have 6 months from first publication of the creditor notice. Claims filed after the deadline are barred. Citation: MS Code §91-7-51, §91-7-183.

+Do I have to hire a Mississippi attorney to probate an estate?

Mississippi law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.

+How much does probate cost in Mississippi?

Court filing fees in Mississippi typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.

We’re not live in Mississippi — yet.

Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Mississippi-licensed attorney is available.

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