MS · Will Requirements
Will Requirements in Mississippi (2026)
A will in Mississippi requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. Mississippi accepts handwritten (holographic) wills, and electronic wills are not valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by Miss. Code §91-5-1.
Here's what Mississippi says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in Mississippi require?
| Requirement | Mississippi rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Recognized |
| Electronic wills | Not recognized |
| Self-proving affidavit | Available |
| Governing statute | Miss. Code §91-5-1 |
| Probate threshold | $50,000 |
| Property system | Common law |
| State estate tax | No |
| State inheritance tax | No |
How do you make a will legally valid in Mississippi?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in Mississippi, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in Mississippi. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what MS law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
Mississippi requires 2 witnesses to make your will valid. Good news: Mississippi doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
Mississippi supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
Mississippi does accept holographic (handwritten) wills, so technically you could scribble your wishes on a napkin. We don’t recommend it, but you do you. Electronic wills aren’t recognized in Mississippi yet, so you’ll need actual paper like it’s 1995.
What Mississippi law says about your stuff
Under Miss. Code §91-5-1, if you die without a will in Mississippi, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in Mississippi isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
How much does a will cost in Mississippi?
An attorney in Mississippi averages $700 (range $400-1200). Killswitch charges $69, once, with no subscription.
Typically $400-1200. The clock starts again every time you think of a question.
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One payment, about thirty minutes, and nobody bills you for the follow-up call. That's roughly $631 you keep.
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What else do people ask about wills in Mississippi?
How many witnesses do I need for a will in Mississippi?
Mississippi requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does Mississippi require a notary for wills?
No, Mississippi doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in Mississippi?
Yes, Mississippi recognizes holographic (handwritten) wills. They still need to be entirely in your handwriting and signed by you. No witnesses technically required for holographic wills, but a typed and witnessed will is much harder to contest.
What is the minimum age to make a will in Mississippi?
You must be at least 18 years old to make a will in Mississippi. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
What other Mississippi documents do you need?
Do you need a Mississippi power of attorney?
Mississippi POAs are durable by default. Notarization required.
What does estate planning in Mississippi cover?
Everything MS residents need to know about estate planning, without the lawyer-speak or the $700 attorney bill.
Do you need a Mississippi healthcare directive?
Mississippi requires 2 witnesses for healthcare directives. No notary required.
How do the rules compare in nearby states?
Your Mississippi Family Will Thank You (Eventually)
About thirty minutes, built from Mississippi statute, and valid the moment you sign it the way Mississippi asks you to.
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Look, we're not lawyers (we're way more fun at parties). This is educational content about Mississippi laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
