Mississippi living trusts & estate documents

Living trust law in Mississippi

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Mississippi, trusts are governed by the Mississippi Uniform Trust Code, Miss. Code §91-8-101 et seq..

Avoiding probate in Mississippi

Probate in Mississippi is governed by the Miss. Code Title 91 and handled by the Chancery Court. Estates are administered in chancery court.

Small estate affidavit for bank accounts/personal property of $75,000 or less. That simplified procedure is set out in Small estate affidavit, Miss. Code §91-7-322. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Mississippi homeowners in particular set one up.

Estate and inheritance tax in Mississippi

Mississippi imposes no estate tax and no inheritance tax: Mississippi has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Mississippi

Mississippi also sets aside a one-year support allowance set by the court for a surviving spouse and minor children (Miss. Code § 91-7-135), protected ahead of most creditors.

Signing your Mississippi documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive before a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Mississippi — follow those as the authoritative guide.

Serving all of Mississippi

Answer the questionnaire from anywhere in Mississippi and download your completed documents in minutes: Jackson, Gulfport, Southaven, Biloxi, Hattiesburg, Olive Branch, Tupelo, Meridian, Greenville, Madison, Clinton, Pearl, and every community in between.