How to Make a Will in Mississippi (2026 Guide)

A will made in Mississippi must be signed by you and by 2 witnesses to be valid. Yes (Miss. Code Ann. § 91-7-9 (affidavit of subscribing witnesses, which may be made at the time of execution and used to prove the will)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Mississippi will covers, generated from the same rules.

Make my free Mississippi will

Mississippi will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Miss. Code Ann. § 91-5-1
Financial POA statute	Miss. Code Ann. § 87-3-101 et seq. (Uniform Durable Power of Attorney Act)
Healthcare directive statute	Miss. Code Ann. § 41-41-201 et seq. (Uniform Health-Care Decisions Act); optional form at § 41-41-209

Witnesses

Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's express direction) and attested by two or more credible witnesses in the presence of the testator (Miss. Code Ann. § 91-5-1). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other credible witnesses, although the interested witness may still take what he or she would have received by intestacy (Miss. Code Ann. § 91-5-9). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Mississippi?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Miss. Code Ann. § 91-7-9 (affidavit of subscribing witnesses, which may be made at the time of execution and used to prove the will)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Mississippi

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's express direction) and attested by two or more credible witnesses in the presence of the testator (Miss. Code Ann. § 91-5-1). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other credible witnesses, although the interested witness may still take what he or she would have received by intestacy (Miss. Code Ann. § 91-5-9). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Miss. Code Ann. § 91-7-9 (affidavit of subscribing witnesses, which may be made at the time of execution and used to prove the will)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Mississippi has no general statute for lifetime deposit of a will with the chancery clerk.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may renounce the will within 90 days of probate and take the share he or she would receive by intestacy, but not more than one-half of the estate; the share is reduced if the spouse has a separate estate (Miss. Code Ann. §§ 91-5-25, 91-5-27). The spouse also receives a one-year support allowance (Miss. Code Ann. § 91-7-135).

Homestead

A surviving spouse (and minor children) may continue to occupy the homestead after the owner's death; the homestead is exempt from sale for debts and the spouse's occupancy right applies regardless of a devise to another person (Miss. Code Ann. §§ 91-1-19 to 91-1-23, 85-3-21). Have an attorney review any plan that leaves the home to someone other than your spouse.

If you die without a will in Mississippi

If you die without a will in Mississippi, your spouse takes everything if you leave no children or descendants. If you leave children, your spouse and children share equally, the spouse taking a child's share (Miss. Code Ann. §§ 91-1-3, 91-1-7). With no spouse, everything passes to children, then parents and siblings together, then grandparents, uncles and aunts. More on intestacy.

Other estate-planning documents in Mississippi

• Durable financial power of attorney: Miss. Code Ann. § 87-3-101 et seq. (Uniform Durable Power of Attorney Act). Mississippi's statute requires only a writing signed by the principal containing durability language (Miss. Code Ann. § 87-3-105). Because banks and chancery clerks expect it, sign before a notary public and two adult witnesses who are not the attorney in fact. An acknowledged (notarized) power must be recorded with the chancery clerk before it is used for real estate (Miss. Code Ann. § 87-3-13).
• Advance healthcare directive: Miss. Code Ann. § 41-41-201 et seq. (Uniform Health-Care Decisions Act); optional form at § 41-41-209. An advance health care directive must be signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (Miss. Code Ann. § 41-41-205). A witness may not be the appointed agent or the principal's health care provider or an employee of the provider, and at least one witness must be neither related to the principal by blood, marriage or adoption nor entitled to any part of the estate (Miss. Code Ann. § 41-41-205(4), (5)). The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Mississippi notes

• Mississippi recognizes holographic wills wholly in the testator's handwriting and signed (Miss. Code Ann. § 91-5-1); a typed, witnessed will is far easier to prove.
• Mississippi does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Mississippi?

Mississippi requires 2 witnesses (Miss. Code Ann. § 91-5-1). Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's express direction) and attested by two or more credible witnesses in the presence of the testator (Miss. Code Ann. § 91-5-1). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other credible witnesses, although the interested witness may still take what he or she would have received by intestacy (Miss. Code Ann. § 91-5-9). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Mississippi?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Mississippi have a self-proving affidavit?

Yes (Miss. Code Ann. § 91-7-9 (affidavit of subscribing witnesses, which may be made at the time of execution and used to prove the will)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Mississippi?

Yes, Mississippi recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Mississippi?

A surviving spouse cannot be completely disinherited. The spouse may renounce the will within 90 days of probate and take the share he or she would receive by intestacy, but not more than one-half of the estate; the share is reduced if the spouse has a separate estate (Miss. Code Ann. §§ 91-5-25, 91-5-27). The spouse also receives a one-year support allowance (Miss. Code Ann. § 91-7-135).

What happens if I die without a will in Mississippi?

If you die without a will in Mississippi, your spouse takes everything if you leave no children or descendants. If you leave children, your spouse and children share equally, the spouse taking a child's share (Miss. Code Ann. §§ 91-1-3, 91-1-7). With no spouse, everything passes to children, then parents and siblings together, then grandparents, uncles and aunts.

Is a no-contest clause enforceable in Mississippi?

Mississippi enforces no-contest clauses, but the Mississippi Supreme Court has adopted a good-faith and probable-cause exception: a contest brought in good faith and with probable cause does not trigger forfeiture (Parker v. Benoist, 160 So. 3d 198 (Miss. 2015)).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.