Updated September 13, 2023
A Mississippi small estate affidavit presents a claim on an estate by an heir or beneficiary. This process helps claimants avoid probate court in the state of Mississippi, but can only be utilized if the estate is worth no more than $75,000. The form requires important information about the estate, the deceased, the property in question, and the entity that holds the property.
Laws
- Days After Death – Thirty (30) days (Miss. Code Ann. § 91-7-322(1))
- Maximum Amount ($) – $75,000 (Miss. Code Ann. § 91-7-322(1)(a))
- Signing Requirements – The affiant must sign in the presence of a notary public.
- Statutes – Title 91, Chapter 7. Executors and Administrators
How to File (3 steps)
2. Complete Documents
- Affidavit of Small Estate
- Copy of Death Certificate
How to Write
Download: PDF
(1) Name Of Mississippi Affiant. The full name of the Mississippi Affiant should be furnished to the first statement made.
SECTION 1
(2) Mississippi Decedent Name. Dispense the name of the Mississippi Deceased. It will be the Mississippi Decedent’s estate or property that shall be sought through this document.
(3) Mississippi Decedent’s Date Of Death. Verify that it has been at least thirty days since the Mississippi Decedent’s death by reporting the calendar date when he or she was pronounced deceased.
(4) Residential County Of Mississippi Decedent. The Mississippi County where the Decedent lived at the time of his or her death will be required in this statement.
SECTION 5
(5) Basis Of Mississippi Affiant’s Claim. There will need to be a specific reason why the Affiant believes that he or she is entitled to the Mississippi Decedent’s property. This reason, in many cases, will be the relationship the Affiant holds with the Mississippi Decedent and the standing of the Mississippi Decedent’s other Heirs. Document the basis for the Affiant’s claim to the Mississippi decedent’s property to Article 5. This will establish the Affiant as also being the Successor to the concerned estate.
SECTION 6
(6) Mississippi Decedent Property. Discuss the estate property that the Affiant intends to take possession of. Produce a description of this personal property (of the Mississippi Decedent) along with the estimated value.
SECTION 7
(7) Name And Address Of Mississippi Decedent’s Debtees. Any Party indebted to the Mississippi Decedent should be named with their contact address. This should be a complete list so if more room is needed, use an attachment to continue this report.
(8) Signature Of Successor Affiant. The Affiant or Successor should sign this paperwork once it has been completed. This act will need to take place before a Notary Public.
(9) Address. The Mississippi Affiant should report his or her address after signing this document.
(10) Notarization. The Mississippi Notary observing the execution of this document will complete the notarization process by using his or her own credentials to support the identity of the Signature Affiant.
