Free Mississippi Last Will and Testament
Build a complete Mississippi will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Mississippi's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Mississippi will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Mississippi notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Mississippi: In Mississippi, a valid (non-handwritten) will must be in writing, signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested by two or more credible witnesses in the presence of the testator. No notary is required for validity. To avoid having to bring witnesses to probate, the subscribing witnesses can sign an affidavit (annexed to or part of the will) that states each witness's address and the facts of due execution (Miss. Code Ann. §91-7-7) — Mississippi does not impose one mandatory affidavit wording. Mississippi also recognizes holographic wills that are WHOLLY in the testator's handwriting and signed, with no witnesses required; any typed portion defeats that exception.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Mississippi, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
Mississippi does not give legal effect to a separate personal-property memorandum, so any specific items must be listed in this Will itself to be binding.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Mississippi.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Mississippi.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (Miss. Code Ann. §91-7-7 (subscribing-witness affidavits); §91-7-10 (affidavits for holographic wills)) — sign this part before a notary to make probate easier:
Mississippi does not prescribe a single rigid statutory self-proving affidavit form; instead Miss. Code Ann. §91-7-7 allows the will's execution to be proved by affidavits of the subscribing witnesses, which may be annexed to or part of the will, may be signed at the time the will is executed, and MUST state the address of each subscribing witness. A faithful template: "STATE OF MISSISSIPPI, COUNTY OF [COUNTY]. Personally appeared before me, the undersigned authority, [WITNESS 1] (address: [ADDRESS]) and [WITNESS 2] (address: [ADDRESS]), the subscribing witnesses to the foregoing last will and testament of [TESTATOR NAME], who, being duly sworn, state that the testator, in their presence, signed and published the foregoing instrument as the testator's last will and testament; that the testator was of full age, of sound and disposing mind and memory, and under no constraint or undue influence; and that the said witnesses, at the testator's request and in the presence of the testator and of each other, subscribed their names as attesting witnesses. ____________________ Witness ____________________ Witness. Sworn to and subscribed before me this ____ day of __________, 20__. ____________________ Notary Public / Officer."
How to Sign Your Will in Mississippi
In Mississippi, a valid (non-handwritten) will must be in writing, signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested by two or more credible witnesses in the presence of the testator. No notary is required for validity. To avoid having to bring witnesses to probate, the subscribing witnesses can sign an affidavit (annexed to or part of the will) that states each witness's address and the facts of due execution (Miss. Code Ann. §91-7-7) — Mississippi does not impose one mandatory affidavit wording. Mississippi also recognizes holographic wills that are WHOLLY in the testator's handwriting and signed, with no witnesses required; any typed portion defeats that exception.
Mississippi requires 2 witnesses: The will must be signed by the testator (or by another in the testator's presence and at the testator's express direction); and, if not wholly handwritten and subscribed by the testator, it must be attested by two or more credible witnesses in the presence of the testator. Miss. Code Ann. §91-5-1. A beneficiary-witness does not void the will, but a devise to a subscribing witness is void unless there are two other competent witnesses (Miss. Code Ann. §91-5-9), so use disinterested witnesses.. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (Miss. Code Ann. §91-7-7 (subscribing-witness affidavits); §91-7-10 (affidavits for holographic wills)) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Can You Use a Handwritten (Holographic) Will in Mississippi?
Holographic wills are valid: if the will is WHOLLY written and subscribed by the testator in the testator's own handwriting, no witnesses are required. Miss. Code Ann. §91-5-1. Any typed/printed portion defeats the holographic exception and triggers the two-witness rule. Holographic wills may be authenticated by affidavit under §91-7-10. Even so, a typed will signed in front of witnesses is far less likely to be challenged, because handwritten wills are easy to get wrong (unclear gifts, no date, no witnesses) and invite disputes.
Spousal and Family Protections in Mississippi
Can you disinherit your spouse? Cannot fully disinherit a spouse. A surviving spouse may RENOUNCE the will within 90 days after probate and instead take the share they would receive under intestacy (Miss. Code 91-5-25) — EXCEPT that if the decedent left no child or descendant, the renouncing spouse takes only 1/2 of the real and personal estate (not the full intestate share). Mississippi is NOT a UPC augmented-estate state; the renunciation reaches the probate estate. Renunciation is barred by a valid waiver/marital agreement.
Children born after your will: Pretermitted-child rule (Miss. Code 91-5-3 / 91-5-9): if a testator had NO child living when the will was made and a child is later born (or the testator dies leaving a wife enceinte) and is neither provided for nor mentioned, the will is VOID as to that after-born child (during the child's life) unless the child dies unmarried, without issue, and before age 21. Where the testator already had children and a posthumous child is merely pretermitted (not provided for nor disinherited), that child takes the intestate share it would have received. An existing, known child CAN be disinherited expressly. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: Anti-lapse (Miss. Code 91-5-7) is NARROW: it applies ONLY when the predeceasing devisee/legatee is a CHILD OR DESCENDANT OF THE TESTATOR who dies during the testator's lifetime leaving a child/children or descendants who survive the testator — the gift then vests in those descendants. It does NOT protect collateral relatives (e.g., siblings, nieces/nephews), unlike the broader UPC 'grandparent-or-descendant' class. A gift to a non-descendant who predeceases simply lapses. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: Mississippi has NOT adopted the UPC 120-hour survival default; a beneficiary need only survive the testator. Mississippi follows the Uniform Simultaneous Death Act for commorientes. Generator should ADD an express survivorship clause (e.g., 30 days) because there is no statutory cushion for ordinary lapse. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: In terrorem clauses are enforceable in Mississippi UNLESS the contest was brought in GOOD FAITH and on PROBABLE CAUSE. Parker v. Benoist, 160 So. 3d 198 (Miss. 2015), adopted both an objective (probable cause) and subjective (good faith) test — the proponent must show the challenger acted in bad faith for the clause to forfeit.
Digital assets: Mississippi has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Mississippi does not give legal effect to a separate personal-property memorandum, so list any specific items in the will itself.
What Happens If You Die Without a Will in Mississippi?
Mississippi is not a UPC state and has no first-dollar spousal allowance. A surviving spouse inherits everything only if the decedent left no children or descendants. When children survive, the spouse takes a 'child's part' — sharing the estate equally with the children (so a spouse and two children each take one-third). Notably, parents and siblings inherit together as one class when there is no spouse and no descendants.
- Spouse, no children: If the decedent leaves no children or descendants of children, the surviving spouse inherits the entire estate (real and personal) in fee simple after debts (Miss. Code §91-1-7; §91-1-11).
- Spouse and shared children: The surviving spouse and the children share equally — the spouse takes a 'child's part.' The estate is divided per capita among the surviving spouse and each child (and the descendants of any deceased child by representation). Example: spouse + 2 children = 1/3 each (Miss. Code §91-1-7; §91-1-3).
- Spouse and a child from another relationship: Same rule — Mississippi makes no lineage distinction. The surviving spouse takes a 'child's part' shared equally with ALL of the decedent's children, whether or not they are also the spouse's children (Miss. Code §91-1-7).
- Children, no spouse: With no spouse, the estate passes equally to the decedent's children; descendants of a deceased child take that child's share by representation, as coheirs with surviving children (Miss. Code §91-1-3).
- No spouse or children: If no children/descendants and no spouse, the estate goes in equal parts to the decedent's brothers and sisters and the father and mother (parents and siblings share equally as a class), with descendants of deceased siblings taking by representation; failing those, to the nearest other kindred (Miss. Code §91-1-3, §91-1-11).
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Miss. Code §§ 91-1-3, 91-1-7, 91-1-11.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Mississippi?
Yes, if you sign it correctly. Mississippi requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Mississippi will need to be notarized?
No. Mississippi does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Mississippi will need?
2 witnesses. The will must be signed by the testator (or by another in the testator's presence and at the testator's express direction); and, if not wholly handwritten and subscribed by the testator, it must be attested by two or more credible witnesses in the presence of the testator. Miss. Code Ann. §91-5-1. A beneficiary-witness does not void the will, but a devise to a subscribing witness is void unless there are two other competent witnesses (Miss. Code Ann. §91-5-9), so use disinterested witnesses. They should be adults who do not inherit under the will.
Can I leave my spouse out of my Mississippi will?
Cannot fully disinherit a spouse. A surviving spouse may RENOUNCE the will within 90 days after probate and instead take the share they would receive under intestacy (Miss. Code 91-5-25) — EXCEPT that if the decedent left no child or descendant, the renouncing spouse takes only 1/2 of the real and personal estate (not the full intestate share). Mississippi is NOT a UPC augmented-estate state; the renunciation reaches the probate estate. Renunciation is barred by a valid waiver/marital agreement.
What happens if I die without a will in Mississippi?
Mississippi is not a UPC state and has no first-dollar spousal allowance. A surviving spouse inherits everything only if the decedent left no children or descendants. When children survive, the spouse takes a 'child's part' — sharing the estate equally with the children (so a spouse and two children each take one-third). Notably, parents and siblings inherit together as one class when there is no spouse and no descendants.
Does a Mississippi will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Mississippi?
Generally 18. Every person 18 years of age or older, being of sound and disposing mind, may make a will. Miss. Code Ann. §91-5-1. You must also be of sound mind.
Can I write my will by hand in Mississippi?
Mississippi recognizes handwritten (holographic) wills, but they are easy to get wrong and easy to challenge. A typed, witnessed will is much safer.
Do I need a lawyer to make a will in Mississippi?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Mississippi requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Mississippi estate-planning attorney. RecordingLaw.com is not a law firm.
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