Make a Mississippi Last Will and Testament

Mississippi State Last Will and Testament Laws

Laws - Title 91, Chapter 5

Witnesses - According to Title 91, Chapter 5, Section 1, the Testator must sign the will in the presence of two or more credible witnesses. 

A Sample Mississippi Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - List the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - List the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or for someone who has a disability of some kind, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, list the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like to use? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them if you die, provide the following information for them as well as for an alternative guardian and a conservator if you’d like:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Remember that you must sign your will in the presence of at least two witnesses who meet the State’s definition of being a credible witness. The witnesses must also sign your will in order for it to be legally executed.

Why do you need a Mississippi last will and testament form?

Creating your last will and testament in Mississippi is an important step in the estate planning process. By having a will, you can be sure that any real estate, personal property, digital property, vehicles, or any other assets are accounted for upon your death. A last will and testament allows for you to name an executor that can carry out the wishes outlined in your will. You can leave property to a spouse, children, friends, charities, or anyone else of your choosing.

The benefits of having a will

A Mississippi will is not legally required. However, there are many benefits to having one.

• Having a will in place means that you can explain how you would like your assets distributed to your loved ones and friends
• You can appoint a guardian for your minor children
• You can make any charitable donations you’d like upon your death
• You can name an executor in your will who will be responsible for carrying out your wishes
• Any estate worth $500 or less can be expedited through probate through an affidavit

The costs of not having a will

According to Mississippi law, if you die without a will, laws of intestacy are then invoked. In plain English, this means that the probate court will decide the distribution of your property as well as the guardianship of any minors. Generally, without a will in Mississippi, a spouse will inherit the entirety of any estate left behind unless there are descendants. The number of surviving descendants will determine the share of the estate for each person. If there is no surviving spouse or children, the estate will go to the next closest relative. If there are no relatives found, the State of Mississippi absorbs the property from the estate.