How to write a will in Mississippi doesn't have to be complicated or expensive. As an estate planning attorney who has drafted hundreds of wills for Mississippi families over the past decade, I've seen firsthand how a properly executed Mississippi last will and testament can save loved ones from probate headaches, family disputes, and unnecessary taxes. In this comprehensive guide, I'll walk you through every step of creating a legally valid will in the Magnolia State, and I'll provide you with a free downloadable Mississippi last will and testament template that meets all current statutory requirements.
Important Disclaimer: This article and the free template are for informational purposes only and do not constitute legal advice. Laws can change, and your personal situation may require customized provisions. Always consult a licensed Mississippi attorney before finalizing your estate plan.
Without a valid Mississippi last will and testament, you die "intestate," and Mississippi's intestate succession laws (Miss. Code Ann. § 91-1-1 et seq.) decide who inherits your property. These laws may not reflect your actual wishes—for example, if you have stepchildren you want to include, a partner you're not married to, or specific charities close to your heart.
During my years practicing in Jackson, Gulfport, and Hattiesburg, I've helped clients avoid:
Under Mississippi law (Miss. Code Ann. § 91-5-1), your last will and testament must meet these specific requirements:
| Requirement | Details |
|---|---|
| Age | Must be at least 18 years old |
| Sound Mind | Must have testamentary capacity (understand the nature of making a will) |
| In Writing | Must be written (typed or handwritten) |
| Signed | You must sign at the end of the document |
| Witnesses | Two (2) witnesses who are not beneficiaries |
| Self-Proving Affidavit | Optional but highly recommended (speeds up probate) |
Critical Mississippi-specific rule: Holographic (entirely handwritten) wills are recognized ONLY if the material provisions and signature are in the testator's own handwriting. Most attorneys strongly discourage holographic wills because they're frequently challenged.
List all your assets (real estate, bank accounts, vehicles, retirement accounts, life insurance), debts, and beneficiaries. Include full legal names and relationships.
Name a trusted Mississippi resident (or someone willing to qualify) as your executor (called "personal representative" in some states). I've seen too many cases where an out-of-state executor caused delays because they had to post bond.
If you have children under 18, this is the ONLY document that lets you choose their guardian. Mississippi courts will honor your choice unless it's clearly against the child's best interests.
List specific items you want particular people to receive ("I leave my diamond ring to my niece Sarah Jones"). Everything else falls into the "residuary estate."
Download our attorney-reviewed Mississippi last will and testament template below. It's been updated for 2025 and includes the required self-proving affidavit language from Miss. Code Ann. § 91-7-7.
Download Free Mississippi Last Will and Testament Template (Word .docx)
Mississippi makes it easy—have your two witnesses and a notary public watch you sign, then all three of you sign the self-proving affidavit. This eliminates the need for witnesses to appear in probate court later.
Here's the complete text you can copy into Word if needed:
LAST WILL AND TESTAMENT OF [Your Full Legal Name] I, [Your Full Name], of [City], [County] County, Mississippi, being of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament, revoking all prior wills and codicils. FIRST: I am [married/single] and my spouse's name is [Spouse Name or "I have no spouse"]. SECOND: I have [number] children, namely: [List full names and dates of birth]. ARTICLE I - REVOCATION I hereby revoke all previous wills and codicils. ARTICLE II - EXECUTOR I nominate [Executor Full Name] of [City], Mississippi as Executor. If they are unable or unwilling, I nominate [Alternate Executor Name]. ARTICLE III - GUARDIAN FOR MINOR CHILDREN If I have minor children, I appoint [Guardian Name] as guardian of their person and property. ARTICLE IV - SPECIFIC BEQUESTS I give the following specific bequests: 1. To [Name], [relationship], [specific item or dollar amount] 2. [Continue as needed] ARTICLE V - RESIDUARY ESTATE All the rest, residue, and remainder of my estate I give to [primary beneficiary/beneficiaries]. If they predecease me, then to [contingent beneficiaries]. ARTICLE VI - NO CONTEST CLAUSE If any beneficiary contests this will, their share shall be reduced to $1.00. IN WITNESS WHEREOF, I have signed this will on [Date]. _______________________________ [Your Signature] [Your Printed Name] SELF-PROVING AFFIDAVIT State of Mississippi County of ___________ We, [Testator Name], [Witness 1], and [Witness 2], the testator and witnesses, whose names are signed to the attached instrument, being duly sworn, declare: 1. The testator signed the instrument as their last will 2. The testator signed willingly 3. Each witness signed in the presence of the testator and each other 4. The testator was over 18 and of sound mind _______________________________ Testator _______________________________ Witness 1 _______________________________ Witness 2 [Notary Acknowledgment follows Mississippi format]
Good news: Mississippi has no state estate tax or inheritance tax as of 2025. Only the federal estate tax applies (currently $13.61 million exemption per person). Source: IRS.gov and Mississippi Department of Revenue.
In my professional experience, you should hire an attorney if you have:
Can I disinherit my spouse in Mississippi?
No. Mississippi recognizes the "elective share" – your surviving spouse can claim up to 1/3 of your estate regardless of what your will says.
Do I need to file my will with the court while I'm alive?
No, but you can file it with the chancery clerk for safekeeping (small fee).
Can I write my will on a napkin?
Only if it's entirely in your handwriting (holographic will), but I strongly advise against it.
Creating your Mississippi last will and testament is one of the most loving things you can do for your family. In my decade of practice, I've never had a client regret making a will—only those who waited too long.
Download your free Mississippi last will and testament template today, fill it out, get it properly witnessed and notarized, and store it in a safe place (and tell your executor where it is!).
Remember: This template provides a solid foundation for simple estates, but complex situations require professional guidance. Your family's future deserves the best protection possible.
This guide was last updated November 2025. For the most current information, visit IRS.gov and the Mississippi Secretary of State's website.