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.