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. Sign the self-proving affidavit (Miss. Code Ann. §91-7-7 (subscribing-witness affidavits); §91-7-10 (affidavits for holographic wills)) before a notary so your witnesses won't have to testify in probate.
Mississippi also recognizes holographic (handwritten) wills, but a typed, witnessed will is far less likely to be challenged.
Can You Disinherit a Spouse in Mississippi?
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.
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.
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. 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.
Is this really free?
Yes. The generator is free, requires no account, and runs 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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