Mississippi wills
How to make a will in Mississippi
What Mississippi law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Mississippi will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | No |
| File your will with the court while living | No statewide program |
| State estate or inheritance tax | None |
How to sign a will in Mississippi
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Miss. Code §91-7-7 (affidavits of subscribing witnesses, attached to or part of the will, stating each witness's address; may be signed at execution))
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
Signed by the testator (or by another in the testator's presence at the testator's express direction). Unless the will is wholly written and signed by the testator, it must be attested by 2 or more credible witnesses in the testator's presence (§91-5-1). No each-other or timing rule stated.
If a witness inherits: A gift to a subscribing witness is void if the will cannot otherwise be proved; the witness keeps any intestate share, up to the value of the gift (Miss. Code §91-5-9).
Handwritten wills
Wholly written and subscribed (signed) by the testator; no witnesses needed (§91-5-1).
Self-proving affidavit
Mississippi lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Miss. Code §91-7-7 (affidavits of subscribing witnesses, attached to or part of the will, stating each witness's address; may be signed at execution))
Can I sign my will online in Mississippi?
No. No electronic-will statute found, and no 2026 will-related bills found.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: Mississippi has no RON statute. The 2025 bills HB 1154 and SB 2456 died in committee, and remote notarization during COVID ran only under a temporary executive order.
Good to know in Mississippi
I couldn't verify a lifetime will-deposit option (no statute found), so will_deposit is null. Statute text was checked on FindLaw (current as of 2025-01-01) because the official code site couldn't be fetched.
Estate and inheritance taxes
Mississippi has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Mississippi will questions
Does a will need to be notarized in Mississippi?
No. Two witnesses make a Mississippi will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Mississippi?
Wholly written and subscribed (signed) by the testator; no witnesses needed (§91-5-1).
Can a beneficiary witness a will in Mississippi?
A gift to a subscribing witness is void if the will cannot otherwise be proved; the witness keeps any intestate share, up to the value of the gift (Miss. Code §91-5-9).
Can I make a will online in Mississippi?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Mississippi doesn't allow electronic wills, so the will must be signed on paper.
Does Mississippi have an estate or inheritance tax?
Mississippi has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
Last reviewed October 24, 2026 against Mississippi statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Mississippi attorney.
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