Mississippi Small Estate Affidavit

The Mississippi Small Estate Affidavit is a legal document that gives a family member (or other qualified heirs), the permission to collect the estate of an individual in an expedited way (in comparison to more standard means). This is done by allowing the individual filing the claim to circumvent the probate process. When completed, it grants the heirs to a recently deceased relative with permission to collect their estate. Not every estate claim may be processed in this way, however. It is only available for cases where the total estate is under the state-mandated threshold of $50,000. Anyone who has discovered that they qualify to obtain the estate of a deceased individual in this way must also wait the equivalent of one (1) month until they are permitted to execute the affidavit.

Laws & Required Conditions

Laws: § 91-7-322

Maximum Estate Value: $50,000

Required Conditions: The Affidavit must only be filed if all of the following state-mandated requirements are duly respected:

  • It has been over thirty (30) days since the date of the Decedent’s passing,
  • There are no plans in place for a personal representative to be elected nor is there a current one serving, and
  • The Successor indeed has a legal right to the estate, as per § 91-7-322(d).