Mississippi Small Estate Alternatives to Probate

Not every estate requires full Probate administration. Mississippi provides simplified procedures for smaller estates that meet certain criteria.

Mississippi allows affidavit of successor for qualifying estates. The threshold is $75,000. Mississippi allows a successor to collect a decedent's debts and tangible personal property by affidavit if the value of the entire probate estate, wherever located (excluding all liens and encumbrances), does not exceed $75,000, at least 30 days have elapsed since death, and no application or petition for appointment of a personal representative is pending and none has been appointed in any jurisdiction. Eligible successors run in order: the spouse; if none, any child; if none, any grandchild; if none, either parent or any sibling. The affidavit must direct the manner of distribution and acknowledge the successor's obligation to distribute to those having a superior right. The procedure reaches personal property and debts, not real property.

Even a small estate may need full administration if:

• There is real property titled solely in the decedent's name (in states where the simplified process covers personal property only)
• There is a dispute among heirs about who inherits
• There are contested Creditor claims
• The value exceeds the small-estate threshold once all assets are properly valued

• An heir or person entitled to the property prepares an affidavit (sworn statement) attesting to their right to receive the assets
• The affidavit is presented to whoever holds the property (bank, employer, insurance company, etc.)
• The holder is authorized to release the property based on the affidavit
• No court appointment of a Personal representative is needed