Mississippi Small Estate Affidavit

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. The value of the real estate includes any liens and encumbrances (such as mortgages). The small estate affidavit may be filed by a surviving spouse, followed by the adult (such as a step-parent) that minor children live with, then any adult children, and finally, either parent of the decedent.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.