A Mississippi small estate affidavit is a written statement made by the successor of a person who has died. It sets out the facts that Mississippi's small estate law requires so that the successor can collect the decedent's property. The procedure covers estates worth $75,000 or less, and the collection must come at least 30 days after the death.[1] Download the free FormsPal form below or fill it in online.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Mississippi law. If you notice an error or outdated information, please contact us.
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Mississippi lets a successor collect a decedent's property on an affidavit under Section 91-7-322 of the Miss. Code Ann. The successor makes the affidavit, the estate must be worth $75,000 or less, and the collection must come at least 30 days after the death.[1]
Once the successor presents the affidavit, two kinds of people must act. A person who owes the decedent money must pay what is due. A person who holds the decedent's tangible personal property, or an instrument evidencing a debt, obligation, stock, or chose in action, must deliver it to the successor. A chose in action is a right to collect something through a legal claim.[1]
The 30-day wait applies unless another statute named in the section provides otherwise.[1]
Once the affidavit requirements are met, the successor may negotiate, transfer and otherwise act as owner of the personal property and instruments the affidavit covers. This does not extend to real property.[1]
The statute sets these conditions for using the affidavit.[1]
The statute also says who the successor is. The successor is the decedent's spouse. If there is no spouse, it is a child, and if there are no children, a grandchild. If none of those survive, it is a parent or a brother or sister of the decedent.[1] The affidavit states the facts of your relationship to the decedent that make you a successor.[1]
A minor or incapacitated adult who is a successor may be represented by a guardian, conservator, custodian or other representative appointed by the court or by power of attorney. That representative receives the property for the sole benefit of the minor or incapacitated adult.[1]
The $75,000 limit counts everything in the probate estate, wherever it is located, and leaves out liens and encumbrances on it. The statute puts it this way.
That the value of the entire probate estate of the decedent, wherever located, excluding all liens and encumbrances thereon, does not exceed Seventy-five Thousand Dollars ($75,000.00)
| Max. Estate | $75,000, not counting liens and encumbrances[1] |
| Min. Time to Wait After Death | 30 days[1] |
| Who Makes the Affidavit | The successor[1] |
| Property Covered | Tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action[1] |
| State Laws | Mississippi Annotated Code, Section 91-7-322[1] |
The statute names tangible personal property, which means physical items the decedent owned as opposed to land. It also names instruments evidencing a debt, obligation, stock, or chose in action. These are what a holder must pay or deliver to the successor after the 30 days.[1] Real property has its own rule under Mississippi's small estate procedure, so this page does not cover it.
The affidavit asks for details about the deceased person, the estate and the people who inherit. Having them ready makes the process quicker, because each item below matches a blank on the FormsPal form.
The form runs two sheets, and the nine steps below follow its order. Paragraphs 3 to 5 on sheet 1 are already printed, so there is nothing to fill in there. Fill in the downloaded PDF with our online PDF editor, or print it and write the answers by hand.
The screenshots under each step show the FormsPal Mississippi small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
A small estate affidavit is one document among several that families prepare around a death. FormsPal also offers other Mississippi forms that you can download for free or fill in online, and the links below lead to four of them.
These answers come from Section 91-7-322 of the Miss. Code Ann., the statute behind the Mississippi small estate affidavit. They cover the dollar limit, the affidavit itself and the role of probate.
Mississippi's small estate procedure covers an estate whose entire probate value, wherever located and excluding liens and encumbrances, does not exceed $75,000. Under it, the successor presents an affidavit to the person who holds the decedent's property.[1]
The limit is $75,000. It applies to the value of the entire probate estate, wherever located, and does not count liens and encumbrances on it.[1]
Section 91-7-322 refers to an affidavit that is presented to the person who owes the decedent money or holds the decedent's property. The successor makes the affidavit.[1]
The amount that matters is the estate value limit of $75,000. It is the most the whole probate estate may be worth, not counting liens and encumbrances.[1]
An estate can use the affidavit procedure when both of these are true.[1]
General information, not legal or tax advice.
