Mississippi executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

Work down the list; nothing you tick is saved or sent. The steps are general, the dates come from the official pages.

1. Ask for certified death certificates, more than you thinkThe funeral director or vital records office issues them. Institutions often keep the copy you send, so plan on one each.
2. Check that Social Security has been toldThe funeral home usually reports it. Otherwise call 1-800-772-1213 (TTY 1-800-325-0778), and ask about the $255 lump-sum death payment for a surviving spouse or some children.
3. Track down the willCheck the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
4. Look at the last pages of the willA sworn statement signed by the witnesses before an officer may be attached; what this state says about it is below.
5. Protect the propertyChange locks if keys are out, keep insurance paid, and have the mail forwarded so bills and statements reach you.
6. Hold off on paying debts or giving things awayWait until you know which route applies and who has authority. If something can't wait, ask the probate clerk or an attorney.
7. Stop using the person's power of attorneyA power of attorney ends at the principal's death, so an agent under it can't act for the estate.
8. List what the person owned and owedNote how each asset is held: in the person's name alone, jointly, or with a named beneficiary. Accounts with a beneficiary or joint owner usually pass outside the will.
9. Compare the estate with $75,000That's the small estate figure on this state's official page. Count only what the page says counts.
10. Mark day 30 after the deathThe small estate route opens 30 days after the death, per the official page.
11. Open a simple money logOne line per payment or deposit, with the date, who, how much and the receipt. It makes the final accounting easy.
12. Once you have authority: EIN and an estate accountThe IRS says you need an EIN before filing the estate's Form 1041, which is due if the estate has more than $600 of gross income in a year.

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  The small estate affidavit limit is $75,000 (from July 1, 2020). The affidavit collects personal property only; real estate can pass by muniment of title.

  "Seventy-five Thousand Dollars ($75,000.00)"

  Sources: Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History); Nolo (secondary source): Probate Shortcuts in Mississippi (Nolo), checked November 2026

• ConfirmedReal estate

  Real estate has its own affidavit or petition. Named on the official pages: Muniment of title.

  Sources: Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History); Nolo (secondary source): Probate Shortcuts in Mississippi (Nolo), checked November 2026

• ConfirmedWaiting period after the death

  30 days. Thirty days after the death.

  "at any time after thirty (30) days from the death of a decedent"

  Sources: Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History); Nolo (secondary source): Probate Shortcuts in Mississippi (Nolo), checked November 2026

• Not confirmedNotary or oath

  Not confirmed — check Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History).

• ConfirmedWhere the paperwork goes

  Handed to the bank or other holder. Presented to whoever holds the property; chancery court comes in only if a holder refuses.

  Sources: Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History); Nolo (secondary source): Probate Shortcuts in Mississippi (Nolo), checked November 2026

• Not confirmedOfficial form

  Not confirmed — check Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History).

• ConfirmedSimplified court procedure

  Muniment of title: A court procedure that passes real estate under a will that names who receives it, when the estate other than real estate is worth $75,000 or less; it is signed under oath.

  Sources: Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History); Nolo (secondary source): Probate Shortcuts in Mississippi (Nolo), checked November 2026

• ConfirmedWorth knowing

  Taken from the 2020 act's text as archived by the state; we couldn't open the current code section itself.

  Sources: Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History); Nolo (secondary source): Probate Shortcuts in Mississippi (Nolo), checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  Two or more credible witnesses, who sign in the testator's presence, unless the will is wholly handwritten (statute as quoted by the Mississippi Supreme Court in 2022).

  "it shall be attested by two (2) or more credible witnesses"

  Source: In re Last Will and Testament of Luke Beard (Miss. 2022), quoting Miss. Code 91-5-1 (Mississippi Courts), checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed. Per Nolo (citing Miss. Code 91-7-7), the testator and witnesses sign an affidavit before a notary.

  Source: Nolo (secondary source): How to Make a Will in Mississippi (Nolo, updated August 2025), checked November 2026

• ConfirmedIf the will is handwritten

  A will wholly written and signed by the testator doesn't need witnesses.

  "if not wholly written and subscribed by himself or herself"

  Sources: In re Last Will and Testament of Luke Beard (Miss. 2022), quoting Miss. Code 91-5-1 (Mississippi Courts); Nolo (secondary source): How to Make a Will in Mississippi (Nolo, updated August 2025), checked November 2026

• ConfirmedA witness who inherits

  An interested witness who stands to inherit can lose the gift (Nolo, citing Miss. Code 91-5-9).

  "interested witness who stands to inherit from your will can lose the gift"

  Source: Nolo (secondary source): How to Make a Will in Mississippi (Nolo, updated August 2025), checked November 2026

Documents to gather

• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements

Who to notify

Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Mississippi Secretary of State. $5 per document. Vital records: Copies of official government documents such as birth and death certificates can't be certified by a notary; send the original official document.

  Source: Mississippi Secretary of State, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Mississippi:

• Probate Shortcuts in Mississippi (Nolo)
• In re Last Will and Testament of Luke Beard (Miss. 2022), quoting Miss. Code 91-5-1 (Mississippi Courts)

Still to confirm

• Notary or oath: check Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History)
• Official form: check Mississippi SB 2850 (2020), enrolled, amending Section 91-7-322 (Mississippi Department of Archives and History)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Will signing requirements · Estate paperwork help