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 $75,000, 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.
