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Mississippi Last Will and Testament

A Mississippi will needs two witnesses unless it is entirely handwritten and signed by you. Make a free will template online. Attorney review available now.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the executor, sometimes called a personal representative, who will administer your estate. It can also name a guardian for your minor children. In Mississippi, current Mississippi Code Section 91-5-1 states that a will must be signed by the testator (or by someone else in the testator's presence and at the testator's direction), and if the will is not wholly written and subscribed by the testator's own hand, it must be attested by two or more credible witnesses in the testator's presence. Mississippi does not require the will itself to be notarized; witnesses, not a notary, make it valid. Mississippi does recognize proof of a will by affidavits of the subscribing witnesses under Section 91-7-7, a self-proving affidavit that the witnesses sign before a notary or other officer authorized to administer oaths. A will that is wholly in the testator's own handwriting and signed by the testator can be valid without any attesting witnesses. You must be at least 18 and of sound and disposing mind to make a Mississippi will (Section 91-5-1). Attorney review is available as an option.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property when you die and names the executor (personal representative) who will administer your estate. It can also name a guardian for minor children.

  2. 2

    Mississippi generally requires two witnesses. Unless the will is wholly written and subscribed by the testator's own hand, it must be attested by two or more credible witnesses in the testator's presence (Miss. Code Ann. Section 91-5-1).

  3. 3

    An interested witness can void their own gift. Under Mississippi's purging statute, if a subscribing witness is also given a devise or bequest and the will cannot otherwise be proven, that gift is void, though the witness stays competent to testify and keeps a share up to what they would have received without a will (Miss. Code Ann. Section 91-5-9). Choosing witnesses who receive nothing under the will avoids this problem.

  4. 4

    A self-proving affidavit is available and needs a notary. Mississippi allows proof of due execution by affidavits of the subscribing witnesses, which may be attached to or made part of the will and signed at the time of execution (Miss. Code Ann. Section 91-7-7). Because it is an affidavit, it must be sworn before a notary or other officer authorized to administer oaths.

  5. 5

    A wholly handwritten (holographic) will can be valid without witnesses. If the entire will is written and signed in the testator's own hand, Mississippi does not require attesting witnesses; witnesses are required only when the will is not wholly written and subscribed by the testator (Miss. Code Ann. Section 91-5-1).

  6. 6

    You must be at least 18 and of sound and disposing mind. Mississippi Code Ann. Section 91-5-1 lets a person 18 years of age or older who is of sound and disposing mind make a will by last will and testament or codicil in writing.

  7. 7

    A will can be revoked by destruction or by a later writing. The testator (or someone acting in the testator's presence) can revoke a will by destroying, canceling, or obliterating it, or by a subsequent will, codicil, or written declaration that is made and executed (Miss. Code Ann. Section 91-5-3). Mississippi's wills chapter does not provide for automatic revocation on divorce, so review your will after a divorce and ask an attorney how it affects any gift to a former spouse.

Key decisions before you file

Before you file a Last Will and Testament in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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MISSISSIPPI LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Mississippi, being at least 18 years of age and of sound and disposing mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Mississippi, as executor (personal representative) of my estate. If that person cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item or amount of property and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign my name to this Will on [DATE] at [CITY], Mississippi. Because this Will is not wholly written in my own hand, current Mississippi Code Section 91-5-1 requires it to be attested by two or more credible witnesses in my presence. A beneficiary should not serve as a witness: under Mississippi's purging statute, a devise or bequest to a subscribing witness can be voided if the will cannot otherwise be proven, though the witness may still keep a share up to what they would have received without a will (Miss. Code Ann. Section 91-5-9).

[TESTATOR NAME], Testator

The foregoing instrument was signed by the testator in our presence and declared to be the testator's Last Will and Testament, and we, at the testator's request and in the testator's presence, have signed our names as witnesses.

Witness 1 Signature Witness 2 Signature

Print Name: [WITNESS 1 NAME] Print Name: [WITNESS 2 NAME] Address: [WITNESS 1 ADDRESS] Address: [WITNESS 2 ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Mississippi allows proof of due execution by affidavits of the subscribing witnesses under Miss. Code Ann. Section 91-7-7. This affidavit may be signed at the time the Will is executed and attached to or made part of it, but it is optional and does not replace the witness signatures above.

State of Mississippi, County of [COUNTY]. We, the undersigned witnesses, being first duly sworn, state that the testator signed this Will in our presence and that we signed as witnesses at the testator's request and in the testator's presence.

Witness 1 Witness 2

Subscribed and sworn to before me on [DATE].

Notary Public, State of Mississippi My commission expires: [DATE]

Note: Governing law traces to the current Mississippi Code, Miss. Code Ann. Sections 91-5-1 to 91-5-35 and Section 91-7-7. A will that is wholly written and signed in the testator's own hand may not need attesting witnesses, but this skeleton assumes a typed, witnessed will. Do not let a beneficiary serve as a witness. This is a Mississippi skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Mississippi in about a minute, and notarize it online through DocDraft if it does.

Mississippi Requirements for Last Will and Testament

Sign in Front of Two Witnesses

Unless a will is wholly written and subscribed by the testator's own hand, current Mississippi Code Section 91-5-1 requires it to be attested by two or more credible witnesses in the testator's presence.

An Interested Witness Can Void Their Own Gift

Under Mississippi's purging statute, if a subscribing witness is also given a devise or bequest and the will cannot otherwise be proven, that gift is void, though the witness remains competent to testify and keeps a share up to what they would have received without a will (Miss. Code Ann. Section 91-5-9). Choosing witnesses who receive nothing under the will avoids this risk entirely.

No Notary Is Required for the Will Itself

A Mississippi will is made valid by the testator's signature and, unless wholly handwritten by the testator, the signatures of two or more attesting witnesses under Miss. Code Ann. Section 91-5-1. A notary is not required to make the will itself valid.

Self-Proving Affidavit Requires a Notary

Mississippi allows proof of due execution by affidavits of the subscribing witnesses, which may be attached to or made part of the will and signed at the time of execution (Miss. Code Ann. Section 91-7-7). Because it is an affidavit, the witnesses must swear to it before a notary or other officer authorized to administer oaths. This affidavit is optional.

A Wholly Handwritten Will May Not Need Witnesses

Miss. Code Ann. Section 91-5-1 requires attesting witnesses only when the will is not wholly written and subscribed by the testator's own hand, which implies a fully handwritten and signed will can be valid without witnesses.

Testator Must Be 18 and of Sound and Disposing Mind

Any person 18 years of age or older who is of sound and disposing mind may make a will by last will and testament or codicil in writing in Mississippi (Miss. Code Ann. Section 91-5-1).

Revoke by Destruction or by a Later Writing

A Mississippi will can be revoked by the testator (or someone acting in the testator's presence) destroying, canceling, or obliterating it, or by a subsequent will, codicil, or written declaration that is made and executed (Miss. Code Ann. Section 91-5-3). Mississippi's wills chapter does not provide for automatic revocation on divorce, so review your will after a divorce and ask an attorney how it affects any gift to a former spouse.

After-Born Children Not Mentioned in the Will Can Still Inherit

If a will is made when the testator has no living child and later fails to provide for or mention a child born after the will is signed, the will is void as to that after-born child, who takes an intestate share, unless the child dies unmarried, without issue, and under 21 (Miss. Code Ann. Section 91-5-3).

Does your Last Will and Testament need to be notarized in Mississippi?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Mississippi generally requires two or more credible witnesses who attest the will in the testator's presence, unless the will is wholly written and subscribed by the testator's own hand (Miss. Code Ann. Section 91-5-1). Do not use a beneficiary as a witness: under the state's purging statute, a gift to a subscribing witness can be voided if the will cannot otherwise be proven (Section 91-5-9).

No. A Mississippi will is made valid by the testator's signature and, unless wholly handwritten by the testator, two or more attesting witnesses (Miss. Code Ann. Section 91-5-1), not a notary. A notary is used only for the optional self-proving affidavit, where the subscribing witnesses swear to due execution before a notary or other officer authorized to administer oaths (Section 91-7-7).

Yes, if the entire will is written and signed in the testator's own hand. Mississippi Code Ann. Section 91-5-1 requires two or more witnesses only when the will is not wholly written and subscribed by the testator, so a fully handwritten and signed will does not need attesting witnesses.

Write out who receives your property, name an executor to administer your estate, and sign the will. Unless the will is wholly in your own handwriting, have it attested by two or more credible witnesses in your presence (Miss. Code Ann. Section 91-5-1). You can also attach a self-proving affidavit sworn before a notary (Section 91-7-7) so the court does not need to locate a witness at probate.

A Mississippi will is valid when it is signed by the testator, or by someone else in the testator's presence and at the testator's direction, and, unless wholly written and subscribed by the testator, attested by two or more credible witnesses in the testator's presence (Miss. Code Ann. Section 91-5-1). The testator must also be at least 18 and of sound and disposing mind.

A self-proving affidavit lets the subscribing witnesses swear to the will's due execution before a notary or other officer authorized to administer oaths, so the affidavit itself can be used to prove the will without producing a live witness later (Miss. Code Ann. Section 91-7-7). It may be signed at the time the will is executed and attached to or made part of the will. It is optional and does not replace the witness signatures on the will itself.

You must be at least 18 years of age and of sound and disposing mind to make a will in Mississippi (Miss. Code Ann. Section 91-5-1).

A Mississippi will can be revoked by the testator (or someone acting in the testator's presence) destroying, canceling, or obliterating it, or by a subsequent will, codicil, or written declaration that is made and executed (Miss. Code Ann. Section 91-5-3). Mississippi's wills chapter does not provide for automatic revocation upon divorce, so review your will after a divorce and ask an attorney how it affects any gift to a former spouse.