Free Mississippi Last Will and Testament: Complete Legal Template

Distribute your assets and appoint guardians after death

Sales Tax: 7%Notary: $5Witnesses: 2

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LAST WILL AND TESTAMENT
State of Mississippi

I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, Mississippi (MS), being of sound mind and memory, do hereby declare this to be my Last Will and Testament, revoking all previous wills and codicils.

ARTICLE I — IDENTIFICATION
Name: [YOUR FULL LEGAL NAME]
Date of Birth: [DOB]
Address: [ADDRESS], MS [ZIP]
Social Security Number: [LAST 4 DIGITS ONLY]

ARTICLE II — FAMILY
Spouse: [SPOUSE NAME] (if applicable)
Children: [LIST CHILDREN WITH DATES OF BIRTH]

ARTICLE III — DEBTS AND EXPENSES
I direct my Personal Representative to pay all legally enforceable debts, funeral expenses, and costs of administration from my estate.

ARTICLE IV — SPECIFIC BEQUESTS
I give the following specific gifts:
1. [ITEM/AMOUNT] to [BENEFICIARY NAME]
2. [ITEM/AMOUNT] to [BENEFICIARY NAME]
3. [ITEM/AMOUNT] to [BENEFICIARY NAME]

ARTICLE V — RESIDUARY ESTATE
I give the remainder of my estate to [BENEFICIARY NAME]. If this beneficiary does not survive me, I give the residuary estate to [ALTERNATE BENEFICIARY].

ARTICLE VI — PERSONAL REPRESENTATIVE
I appoint [EXECUTOR NAME] as Personal Representative of this Will. If unable to serve, I appoint [ALTERNATE EXECUTOR] as successor.

ARTICLE VII — GUARDIAN (if minor children)
I appoint [GUARDIAN NAME] as guardian of my minor children. If unable to serve, I appoint [ALTERNATE GUARDIAN].

ARTICLE VIII — POWERS
My Personal Representative shall have full power to sell, lease, mortgage, or otherwise manage estate assets as necessary.

This Will is executed in accordance with the laws of Mississippi (MS Statutes).

TESTATOR SIGNATURE: _____________________ DATE: _____
Print Name: _____________________

WITNESS ATTESTATION:
We declare that the person who signed this Will, or asked another to sign for them, did so in our presence, and appeared to be of sound mind and under no duress.

Witness 1: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

Witness 2: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

NOTARY ACKNOWLEDGMENT (if required in Mississippi):
State of Mississippi, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________ My Commission Expires: _____
[NOTARY SEAL]

FAQ: Last Will and Testament in Mississippi

Is a Last Will and Testament required in Mississippi?

Yes, in Mississippi, a Last Will and Testament is required for most transactions of this type. Under Mississippi State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Last Will and Testament may result in legal complications.

Does a Last Will and Testament need to be notarized in Mississippi?

Notarization requirements in Mississippi (MS) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Last Will and Testament in Mississippi?

Mississippi has a base sales tax rate of 7%. Depending on the type of transaction documented in your Last Will and Testament, additional local taxes may apply. Consult with a Mississippi tax professional for specific guidance on your situation.

Do I need a lawyer to make a will?

No, you can create a valid will without a lawyer in all 50 states. However, the will must meet your state's requirements for execution, including proper witnesses and, in some states, notarization. A lawyer is recommended for complex estates.

How many witnesses do I need for a will?

Most states require two witnesses who are not beneficiaries of the will. The witnesses must observe you sign the will and then sign it themselves. Some states also accept self-proving affidavits notarized at the time of signing.

Can I change my will after signing it?

Yes, you can change your will at any time by creating a codicil (amendment) or by writing an entirely new will that revokes the previous one. Any changes must meet the same execution requirements as the original will.

Mississippi Last Will and Testament Requirements

Review the following requirements to ensure your Last Will and Testament is legally valid in Mississippi.

Testator must be 18 or older
Testator must be of sound mind
2 witnesses must sign
Notarization recommended
Self-proving affidavit recommended
Personal representative named
Guardian for minors designated
Residuary clause included
Revocation of prior wills stated
2 witnesses must sign

Mississippi Notarization

Mississippi requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.

Before You Sign

Review all information carefully. In Mississippi, a 7% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Mississippi law requires all parties to receive copies of executed documents.

Mississippi Filing Deadlines

Check Mississippi deadlines for filing or recording this document with the appropriate county clerk's office.

Last Will and Testament Costs in Mississippi

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Mississippi standard rate: $5
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Mississippi
Sales Tax7%Mississippi base rate (local taxes may apply)
Witness Requirement2 witnessesMississippi requires multiple witnesses
Our TemplateFREEDownload instantly, no cost
Fees shown are Mississippi-specific estimates. Contact your local office for exact pricing.
MCE
Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Last Will and Testament template for Mississippi has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Where to File Your Last Will and Testament in Mississippi

Visit your local County Clerk office to file or notarize your Last Will and Testament.

Mississippi County Clerk

Mississippi Capital

Main Government Building, Mississippi

District County Clerk

Mississippi Metro Area

County Courthouse, MS

Mississippi Last Will and Testament Legal Guide

This legally binding document in Mississippi serves as official proof of transaction and is recognized by courts and government agencies.

Pursuant to Mississippi State Code in Mississippi, this Last Will and Testament must meet specific criteria. The applicable sales tax is 7%. Notarization, which costs $5 in MS, is strongly recommended. 2 witnesses are needed.

This document offers comprehensive legal protection tailored specifically to Mississippi's unique statutory framework.

testatorbeneficiaryexecutorpersonal representativeestate distributionprobateinheritanceguardian
A properly executed Last Will and Testament in Mississippi protects all parties involved and ensures compliance with MS state law. Below, we cover the critical steps, common pitfalls, and state-specific rules you should be aware of before signing.

Smart Practices for MS Compliance

Mississippi has specific rules that differ from neighboring states. Always verify your document against current MS statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Mississippi may need updating for 2026.

Enforceability in Mississippi

A Last Will and Testament that meets all MS requirements is fully enforceable in Mississippi. Courts in Mississippi have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

Completing Your Last Will and Testament

The process in Mississippi is straightforward but detail-oriented. Begin with the header information, proceed through each section methodically, and ensure all MS-required fields are completed. Mississippi courts take document completeness seriously — missing information can delay or invalidate your filing.

Mississippi Statutory Requirements

The MS legislature has established specific guidelines for last will and testament documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.

Document Information

Document
Last Will and Testament
State
Mississippi (MS)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
7%
Notary Fee
$5

Mississippi Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Mississippi may change. Consult a licensed attorney for advice specific to your situation.