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    Mississippi guide

    What to do when someone dies in Mississippi

    Mississippi runs estate proceedings through Chancery Court, an unusual court system that handles both probate and equity matters. A small estate affidavit is available when the entire probate estate is $75,000 or less.

    Content updated: October 2026

    What's unique in Mississippi

    State-specific rules that affect how an estate is handled here.

    Chancery Court — not probate court

    Mississippi probate runs through Chancery Court, which handles probate, equity, and family law matters. File in the county where the deceased lived.

    Spousal rights

    A surviving spouse in Mississippi has rights to a portion of the estate under the state's elective share provisions, even if the will provides less.

    Small estate affidavit

    A small estate affidavit is available when the probate estate is $75,000 or less, a useful option that can avoid the full Chancery Court process.

    State income tax and PERS

    Mississippi has its own income tax. A final state return must be filed. If the deceased was a PERS member, survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Mississippi

    These are just a few of the Mississippi-specific tasks Order surfaces automatically when you select your state.

    File for Mississippi probate in Chancery CourtLegal & Estate

    Mississippi is one of the few states where probate runs through Chancery Court — the same court that handles equity, trusts, and family law. Small estate affidavit when the probate estate is $75,000 or less.

    Review Mississippi spousal rightsLegal & Estate

    Surviving spouse has elective share rights to a portion of the estate — must act within the required timeframe after the estate is opened.

    Review Mississippi homestead exemption rightsLegal & Estate

    The surviving spouse has homestead protections that can affect how the family home is distributed — creditors generally cannot force a sale of the homestead during the surviving spouse's lifetime.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Mississippi

    Mississippi Chancery Court (probate)File probate in the county Chancery Court and obtain letters testamentaryMississippi Dept. of RevenueFile the final state income tax return for the year of deathMississippi DPS (vehicle titles)Transfer vehicle titles to heirs using estate documentationMississippi Public Employees' Retirement System (PERS)Notify the pension and apply for any survivor benefit for public employeesMississippi Veterans Affairs BoardApply for the surviving spouse property tax exemption and burial eligibility at Mississippi State Veterans Cemetery in Newton

    What families commonly miss in Mississippi

    • Families who expect to walk into a dedicated probate court in Mississippi are surprised to find that all estate matters run through the Chancery Court — the same court that handles equity, divorce, and trusts — without a separate probate division.
    • Mississippi families who inherit real property without a will often assume they can simply sell or refinance — but without a court-approved heirship proceeding or muniment of title, ownership isn't formally vested in the heirs, and title companies and lenders won't proceed without it.
    • Many Mississippi families assume that because the state has no estate or inheritance tax, there are no state tax obligations after a death — but outstanding state income tax for the year of death still needs to be resolved before the estate can be properly closed.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Mississippi.

    Military families in Mississippi

    Mississippi has additional veteran & survivor benefits

    • Apply for Mississippi property tax exemption (surviving spouse of disabled veteran)
    • Contact Mississippi State Veterans Cemetery

    Mississippi-specific

    Start these Mississippi-specific tasks in Order

    These tasks appear automatically in your checklist when you select Mississippi as your state.

    File for Mississippi probate in Chancery CourtLegal & Estate

    File in Chancery Court.

    Review Mississippi spousal rightsLegal & Estate

    Surviving spouse entitled to child's share of estate

    Transfer vehicle at Mississippi DORLegal & Estate

    Submit title transfer to Department of Revenue

    Plus dozens more tasks added automatically for Mississippi families.

    Order walks your family through every step, for Mississippi and beyond.

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    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

    Browse all 51 state guides Full guide: what to do when someone dies Back to home