State requirements
Making a will in Mississippi
Mississippi requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Mississippi has traditional will requirements. Mississippi recognizes holographic wills. Mississippi is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Miss. Code § 91-5-1 | 18+ and of sound mind |
| Execution Requirements | Miss. Code § 91-5-1 | Written, signed, 2 witnesses |
| Holographic Wills | Miss. Code § 91-5-1 | Entirely in testator's handwriting |
| Self-Proving | Miss. Code § 91-7-7 | Available with affidavit |
| Elective Share | Miss. Code § 91-5-25 | 1/2 of estate (renunciation) |
Execution Requirements
MISSISSIPPI WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at direction)
✓ Attested by 2 or more credible witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
MISSISSIPPI ELECTIVE SHARE:
- Surviving spouse may renounce will
- Takes child's share (or 1/2 if no children)
- Must renounce within 90 days
Checklist for Mississippi Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will entirely in testator's handwriting
Mississippi will questions, answered
Can I make a will online in Mississippi?
Yes. Mississippi does not require a lawyer to draft a will. A will created online is valid in Mississippi when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Mississippi?
Mississippi requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Mississippi require a will to be notarized?
No. Witnesses make a will valid in Mississippi, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Mississippi?
Yes, Mississippi recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Mississippi?
A valid Mississippi will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Mississippi law, not legal advice. Statutes change — verify current requirements or consult a licensed Mississippi attorney for complex situations.