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MS · Chancery Court

Mississippi

Small-estate-affidavit threshold and procedure under § Miss. Code § 91-7-322.

Verified 2026-05-04
Personal property
$75,000
statutory cap
30-day wait

Raised from $50K to $75K via S.B. 2850 (2020), eff Jul 1 2020.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Mississippi's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Raised from $50K to $75K via S.B. 2850 (2020), eff Jul 1 2020.

Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Chancery Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Mississippi judicial system operates an authoritative court locator.

Find your county’s Chancery Court via the Mississippi judicial council website. Search for “Mississippi Chancery Court county locator” or visit the state government court directory.

04

Form & statute

Form
  • Affidavit for Collection of Personal Property
Statute