Mississippi Small Estate Affidavit | Affidavit of Heirship

If a loved one with personal or real estate property in Mississippi passes away without a last will and testament, the estate would normally go through probate court to distribute the estate equitably between the successors. However, if the estate qualifies as a small estate, then successors may file either an affidavit of heirship for personal property, or a small estate affidavit for real estate, and claim ownership. These affidavits allow grieving families and other loved ones to avoid probate court and distribute small estates as they see fit.

Affidavit of Heirship: Successors may file an affidavit of heirship after loved one has been dead for 30 days, or no more than 2 years. This affidavit covers personal property, such as bank accounts, vehicles, or heirlooms that do not exceed $12,500 in value.

Small Estate Affidavit: This affidavit allows successors to file heirship of real estate owned by a deceased loved one. Successors must wait at least 30 days, but no more than 2 years, after their loved one passes away before filing the small estate affidavit. According to Mississippi statutes, the value of the property may not exceed $50,000, minus liens, encumbrances, and other taxes.



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Per Mississippi’s statute Miss. Code Ann. § 81-14-383, when an individual passes away in the state, then relatives or other legal successors may file an affidavit of heirship to claim the decedent’s bank account as long as the amount does not exceed $12,500. The successors who claim the bank accounts…

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If a loved one dies in Mississippi and leaves no last will or testament, then loved ones may file an affidavit of heirship (vehicle only) to claim the decedent’s motor vehicles. While Mississippi law does not specifically cover affidavits of heirship involving vehicle title transfers to avoid probate court, these…

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According to Mississippi’s statutes Sections 81-5-63, 81-12-135, 81-12-137 and 91-7-323, the small estate affidavit allows family or other successors to apply for ownership of a decedent’s real estate. If the estate values less than $50,000, then successors may file the affidavit when 30 days have passed after a decedent’s passing….