Mississippi probate code · checked October 2026

Mississippi Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Mississippi's affidavit limit is $50,000 — applied to the estate after the assets that pass automatically are taken out. The Mississippi affidavit reaches debts owed to the deceased and tangible personal property only — but real estate COUNTS toward the $50,000 entire-estate cap in the affidavit's own statement, even though the affidavit cannot transfer it. The affidavit, where one exists, cannot be used until 30 days have passed since the death.

Run the free Mississippi check

The Mississippi line, in facts

The affidavit limit today: $50,000, judged by the law in force on the date of death.

How it moves: presented to whoever holds the property; no court case is opened.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: Affidavit may be used only by the narrow statutory 'successor' class, in order: surviving spouse; if none, the adult with whom decedent's minor children reside (for the children's use/benefit); if none, an adult child; if none, a parent (§ 91-7-322(2)).

The tracks in Mississippi

Track	Limit	How it works
Small-estate affidavit	$50,000	Presented to whoever holds the property; no court case.

What catches families in Mississippi

Only a narrow class may swear, in a fixed order: the surviving spouse; then the adult with whom the minor children live; then an adult child; then a parent (§ 91-7-322). An executor named in a will is not on the list.
The statute provides no court filing — at least one commercial guide claims the affidavit goes to the Chancery Court; § 91-7-322 contains no filing step.

Vehicles in Mississippi

Tangible personal property, including a vehicle, is delivered on the § 91-7-322 affidavit, and the successor is empowered to negotiate and transfer ownership (§ 91-7-322(4)); Mississippi also permits a TOD beneficiary designation on a vehicle title.

Debts, and the signer's duty

Section 91-7-322(1) requires no debt-paid or solvency statement - only the $50,000 cap, 30 days elapsed, no personal representative pending or appointed, and the affiant's relationship.

Rules checked October 2026 · Sources: Miss. Code § 91-7-322; Miss. Code §§ 91-27-1 et seq. (Mississippi Real Property Transfer-on-Death Act). This page reads the published law; it is not legal advice, and the court is the final word.

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