Free Mississippi Last Will and Testament: Complete Legal Template
Distribute your assets and appoint guardians after death
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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.
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 Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Mississippi standard rate: $5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Mississippi |
| Sales Tax | 7% | Mississippi base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | Mississippi requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
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.
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.
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.
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.
Other Forms in Mississippi
Last Will and Testament in Neighboring States
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.