State requirements
Making a will in Mississippi
Mississippi lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Mississippi requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Mississippi?
Mississippi requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Mississippi document; neither action alone establishes validity. 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?
Mississippi sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Mississippi source above and get local help for your circumstances.
Keep reading
All guides →Your Mississippi wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Mississippi law, not legal advice. Statutes change — verify current requirements or consult a licensed Mississippi attorney for complex situations.