Mississippi Will and Trust Laws: Holographic Wills, Witnesses (2026)

In Mississippi, every person 18 or older "being of sound and disposing mind" may make a will, which must be in writing and signed by the testator, or by another person in the testator's presence and by the testator's express direction (Miss. Code Ann. 91-5-1). Unless the will is wholly written and subscribed by the testator, it must also be attested by two or more credible witnesses in the testator's presence; section 91-5-1 does not require a notary. Living trusts are governed by Chapter 8 of Title 91, which "may be cited as the Mississippi Uniform Trust Code" (91-8-101).

That "wholly written and subscribed" exception makes a handwritten will valid without witnesses (other states' rules are collected in the wills and trusts laws by state overview). Mississippi also keeps a narrow statutory rule for oral wills, and for trusts created under instruments executed on or after July 1, 2014, a trust is revocable unless its terms expressly make it irrevocable.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Mississippi statutes on making, signing, proving, changing and revoking wills (Miss. Code Ann. Title 91, Chapters 5 and 7) and on revocable living trusts (Title 91, Chapter 8, the Mississippi Uniform Trust Code). It does not cover what happens when someone dies without a will or how estate administration works (see Mississippi probate), small-estate procedures (see the Mississippi small estate affidavit page), powers of attorney (see Mississippi power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Mississippi advance directive tool.

What makes a will valid in Mississippi?

Section 91-5-1 sets both the capacity and the form. It gives every person "eighteen (18) years of age or older, being of sound and disposing mind," the power to dispose of property by will, provided:

"such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix." (Miss. Code Ann. 91-5-1)

The same section refers to a "last will and testament, or codicil in writing." Read together, the requirements for a will that is not entirely in the testator's handwriting are:

• Writing. The will or codicil must be in writing.
• Signature. The testator signs, or another person signs in the testator's presence and by the testator's express direction.
• Two witnesses. At least two credible witnesses attest the will in the testator's presence.

Section 91-5-1 does not mention a notary, and it does not require the testator to date the will.

Who may witness

Section 91-5-9 addresses a witness who is also a beneficiary. "If any person be a subscribing witness to a will wherein any devise or bequest is made to him and the will cannot otherwise be proven, such devise or bequest shall be void." The witness remains competent as to the rest of the will, and if the witness would have taken a share of the estate had the will not been established, "so much of such share shall be saved to the witness as shall not exceed the value of the devise or bequest made to him in the will." The gift is lost only when the will cannot be proven without that witness.

Under 91-5-13, "Any creditor shall be a competent subscribing witness to a last will and testament," but any special provision in the will favoring that creditor, "either by admitting the debt or by providing for its payment or by giving it a preference, shall be void."

No harmless-error rule

Section 91-5-1 states the execution requirements, and neither Chapter 5 (wills) nor Chapter 7 (probate of wills) of Title 91 contains a section that excuses a will that does not meet them.

Proving a will: witness affidavits instead of a self-proving form

Mississippi lets subscribing witnesses give affidavits under the proof sections in Chapter 7. Section 91-7-7 provides that due execution "must be proved by at least one (1) of the subscribing witnesses, if alive and competent to testify," and if none can be produced, by proving the handwriting of the testator and of some or all of the subscribing witnesses. It continues:

"The execution of the will may be proved by affidavits of subscribing witnesses. The affidavits may be annexed to the will or may be a part of the will, and shall state the address of each subscribing witness. Such affidavits may be signed at the time that the will is executed." (Miss. Code Ann. 91-7-7)

Under 91-7-9, "The affidavit of any subscribing witness to a will, made before and certified by any officer in the state competent to administer oaths, shall be received as a substitute for the personal attendance of the affiant to prove the will where there is no contest about it."

So a notary or other officer authorized to administer oaths is not part of making a valid will, but a witness affidavit made before such an officer can stand in for live testimony when the will is uncontested. Sections 91-7-7 and 91-7-9 speak of affidavits generally and set out no statutory form. Probate procedure is covered on the Mississippi probate page.

Are handwritten (holographic) wills valid in Mississippi?

Yes. The witness requirement in section 91-5-1 applies only "if not wholly written and subscribed" by the testator. A will that is wholly written and subscribed (signed) by the testator is valid without witnesses, as long as the testator is 18 or older and of sound and disposing mind. The section sets no dating requirement.

Proof is handled by section 91-7-10. "Where there is not contest about it, a holographic will or codicil may be proved at the time of presentment for probate by the affidavits, made before an officer in the state authorized to administer oaths, of at least two (2) persons, in no wise interested in the estate of the testator or testatrix, attesting to the authenticity of the will or codicil and the competency of the testator." The affiants must be "persons familiar with the handwriting and signature of the testator or testatrix," and their affidavits must state on personal knowledge that the handwriting and signature are genuine.

Are oral (nuncupative) wills valid?

Only in narrow circumstances. Section 91-5-15 provides:

"A nuncupative will shall not be established unless it be made in the time of the last sickness of the deceased at his or her habitation or where he or she hath resided for ten days next preceding the time of his or her death, except when such person is taken sick from home and die before his or her return to such habitation, nor where the value bequeathed exceeds One Hundred Dollars ($100.00) unless it be proved by two witnesses that the testator or testatrix called on some person present to take notice or bear testimony that such is his or her will, or words to that effect." (Miss. Code Ann. 91-5-15)

Two more sections limit it:

• Waiting period and notice. Under 91-5-17, a nuncupative will may not be probated "until after the expiration of fourteen days from the time of the decease," nor until the widow, if any, and next of kin resident in Mississippi "have been summoned to contest the same if they think proper."
• Six-month limit. Under 91-5-19, after six months from the time the words were spoken, testimony "shall not be received to probate a nuncupative will unless the words, or the substance thereof, shall have been reduced to writing within six days after speaking the same."

A bill to require video recording of nuncupative wills, H.B. 400 (2026), died in committee on February 3, 2026, and is not law.

Members of the armed forces and mariners

Under 91-5-21, any person of sound mind 18 or older who is "in the armed forces of the United States of America, in active service at home or abroad or being a mariner at sea, may devise, dispose of, and bequeath his goods and chattels or property, real and personal, anything in this chapter to the contrary notwithstanding."

Electronic wills and remote witnessing

Mississippi has no statute authorizing electronic wills or remote witnessing of wills. Section 91-5-1 requires a will in writing, signed, and attested by witnesses "in the presence of the testator," and the state's Uniform Electronic Transactions Act, by its scope section, "does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts" (Miss. Code Ann. 75-12-5).

Several bills would have changed related rules and did not pass:

• Video-recorded wills. H.B. 400 (2026 Regular Session), described as an act "to authorize video recorded wills," was referred to Judiciary A and "Died In Committee" on February 3, 2026. Its 2025 predecessor, H.B. 1153, also died in committee.
• Remote online notarization. H.B. 1154 (2025), which would have allowed notaries to perform remote online notarization, passed the House and died in a Senate committee on March 4, 2025; its Senate companion, S.B. 2456, died in committee on February 4, 2025.

Expired COVID-era order. Executive Order 1467, effective April 7, 2020, waived "the in-person requirement for notarizing documents in Mississippi for the duration of the COVID-19 emergency," and the Secretary of State described it as "only a temporary waiver of the in-person requirement of the Mississippi Notary Statute and Rules." It concerned notarization, not the attendance of will witnesses, and it is not current law.

Changing or revoking a Mississippi will

Methods of revocation

Section 91-5-3 provides that a will, "or any clause thereof, shall not be revocable but by the testator or testatrix destroying, canceling, or obliterating the same, or causing it to be done in his or her presence, or by subsequent will, codicil, or declaration, in writing, made and executed."

Divorce

Section 91-5-3 does not list divorce, but a separate chapter does. Senate Bill 2851 (2020), approved by the Governor on June 29, 2020 and in force from July 1, 2020, added Title 91, Chapter 29, which deals with wills, trusts and beneficiary designations made before a marriage ends. The section numbers below are the bill's own; the bill directs codification of its Sections 20 to 32 in Chapter 29.

The will. Under Section 20 of the bill (codified as 91-29-1), if, after the testator makes a will, the testator's marriage is dissolved by divorce, annulment or a declaration that the marriage is void, then "unless the will expressly provides otherwise," all provisions in the will, "including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator had failed to survive the testator." The same section rewrites a will gift to an irrevocable trust in which the former spouse, or such a relative, is a beneficiary or fiduciary, unless a court order or an express provision of a contract dividing the marital estate provides otherwise.

Surviving spouse. Under Section 21 (codified as 91-29-3), a person whose marriage to the decedent was dissolved by divorce, annulment or a declaration that the marriage is void is not a surviving spouse, unless, as the result of a later marriage that is not declared void, the person is married to the decedent at death.

Revocable trusts. Under Section 23, the dissolution of the marriage revokes a provision in a trust instrument the divorced individual signed as settlor before the marriage was dissolved that revocably gives property to, confers a power of appointment on, or nominates as trustee or other fiduciary the former spouse or a relative of the former spouse who is not the settlor's relative. It does not apply if a court order, the express terms of a trust instrument signed before the marriage was dissolved, or an express provision of a contract dividing the marital estate provides otherwise. Section 24 says how the revoked interest passes, and Section 27 covers a trust signed by both former spouses as joint settlors, which the trustee divides into two trusts when one of them dies.

Beneficiary designations. Each of these sections has its own exceptions: the designation still stands if the divorce decree names the former spouse, if the person who made it names the former spouse again after the decree, or if the former spouse is designated to receive the money in trust for, on behalf of, or for the benefit of a child or dependent of either former spouse.

• Life insurance (Section 31). If a decree of divorce or annulment is rendered after an insured designated the insured's spouse as beneficiary of a policy in force at the time, a provision in favor of the former spouse "is not effective" unless one of those exceptions applies; the proceeds go to the named alternative beneficiary or, if none, to the insured's estate.
• Retirement and other financial plans (Section 32). The same rule applies to a designation of the other spouse under an individual retirement account, employee stock option plan, stock option, or other savings, bonus, profit-sharing, or employer or financial plan; the benefits go to the named alternative beneficiary or, if none, to the designating former spouse. The section "does not apply to the disposition of a beneficial interest in a retirement benefit or other financial plan of a public retirement system as defined by Section 25-11-101 et seq."
• P.O.D. and T.O.D. accounts (Section 28). A payable-on-death designation on a P.O.D., T.O.D. or other multiple-party account in favor of the former spouse, or a relative of the former spouse who is not the decedent's relative, is not effective unless one of those exceptions applies. This section also excludes plans of a public retirement system.
• Payors. An insurer, plan or financial institution that pays the former spouse under a designation that is not effective is liable to the rightful recipient only if, before paying, it received written notice from an interested person (for life insurance, at the insurer's home office; for accounts and retirement or financial plans, at the payor's home office or principal office) and did not interplead the funds into court.

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce, to the extent the statute applies to those plans (see the wills and trusts hub for the federal layer).

Transfer-on-death deeds. Under Section 11 of the same bill (codified as 91-27-21(c)), if the marriage between the transferor and a designated beneficiary is dissolved after a transfer-on-death deed is recorded, "a final judgment of the court dissolving the marriage operates to revoke the transfer-on-death deed as to that designated beneficiary."

The act states only its July 1, 2020 effective date; it contains no separate rule on wills or designations made before that date.

Children born after the will

Section 91-5-3 also addresses a will made when the testator had no child living. If such a will does not provide for or mention a child the testator later has, it "shall have no effect during the life of any such after-born child and shall be void unless the child die without having been married, or without leaving issue capable of inheriting, and before he or she shall have attained twenty-one years." Where the testator had children when the will was made, section 91-5-5 gives a child born afterward who is "unprovided for by settlement and neither provided for nor disinherited, but only pretermitted" the share the child would have taken had the parent died intestate, with the devisees and legatees contributing proportionately.

Killing the testator

Under 91-5-33, "If any person shall wilfully cause or procure the death of another in any manner, he shall not take the property, or any part thereof, real or personal, of such other under any will, testament, or codicil." The devise is void and the decedent is "deemed to have died intestate" as to that property, but the section protects a bona fide purchaser for value who acquired the property "after one year from the probation of the will" without notice.

The intestate shares these sections refer to are explained on the Mississippi probate page.

Limits on what a Mississippi will can do

Spouse's right to renounce the will. Under 91-5-25, when a will "does not make satisfactory provision" for the surviving spouse, the spouse "may, at any time within ninety (90) days after the probate of the will, file in the office where probated a renunciation" and take the share the spouse would have received had the testator died intestate, "except that, even if the husband left no child nor descendant of such, the widow, upon renouncing, shall be entitled to only one-half (1/2) of the real and personal estate." The section applies to husbands and wives alike. Under 91-5-27, if the will makes no provision at all for the spouse, "a renunciation of the will shall not be necessary," and the survivor's rights are as if an unsatisfactory provision had been renounced.

After-born children. Sections 91-5-3 and 91-5-5, described above, protect children born after the will.

No-contest clauses in wills. Chapter 5 has no section on no-contest clauses; the rule comes from the Mississippi Supreme Court. In Parker v. Benoist, 160 So. 3d 198 (Miss. 2015), the court held "that, in Mississippi, forfeiture provisions in wills are enforceable unless a contest is brought in good faith and based on probable cause." A clause that would forfeit a gift even then is, in the court's words, "unconstitutional under Mississippi's Constitution, void as against public policy, and fundamentally inequitable." Trusts have a separate statutory rule, described below.

Lapsed gifts. Under 91-5-7, a gift to a child or descendant of the testator who dies before the testator, leaving a child or descendants who survive the testator, "shall not lapse," and passes to those descendants as if the devisee had survived the testator and died intestate. The section applies only to devisees who are a child or descendant of the testator.

Time to contest a will. Under 91-7-23, any interested person "may, at any time within two years, by petition or bill, contest the validity of the will probated without notice." If no one contests within two years, "the probate shall be final and forever binding," subject to a two-year period after the removal of disability for minors and persons of unsound mind and a discovery rule for concealed fraud.

Revocable living trusts in Mississippi

The trust code

Chapter 8 of Title 91 "may be cited as the Mississippi Uniform Trust Code" (91-8-101). It was enacted by Laws 2014, ch. 421 (Senate Bill 2727, approved by the Governor on March 24, 2014), effective from and after July 1, 2014. Under 91-8-1106, it "applies to all trusts created before, on, or after July 1, 2014," and its rules of construction and presumptions apply to trust instruments executed before that date "unless there is a clear indication of a contrary intent in the terms of the trust." An act done before July 1, 2014 is not affected. Under 91-8-103(24), "revocable," as applied to a trust, "means revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Section 91-8-402 provides that a trust is created only if the settlor has capacity to create a trust, the settlor indicates an intention to create it, the trust has a definite beneficiary (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose), the trustee has duties to perform, and "The same person is not the sole trustee and sole beneficiary."

No will formalities. Section 91-8-601 provides that, to be effective as a post-death disposition of property transferred to a trust of which the transferor is the settlor, "neither a revocable nor an irrevocable trust existing on or executed after July 1, 2014, has to be executed with the formalities of a will."

Oral trusts and land. Under 91-8-407, a trust generally "need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence." Land is different: "No trust of or in any real property can be created except by a written instrument signed by the party who declares or creates such trust (the 'settlor'), or by his last will, in writing." A writing creating a trust in real property may be filed with the chancery clerk where the land lies, and the section allows a memorandum of trust to be filed instead.

Capacity

Under 91-8-601, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, with a date limit

Section 91-8-602 states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection (a) does not apply to a trust created under an instrument executed before July 1, 2014."

The same section sets the method. The settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the trust's terms, or, if the terms provide no method or the method is not expressly made exclusive, by "A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or Any other method manifesting clear and convincing evidence of the settlor's intent; however, a written revocable trust may only be amended and revoked by a later written instrument delivered to the trustee."

Other rules in 91-8-602:

• More than one settlor. To the extent the trust holds property other than community property, each settlor may revoke or amend it as to that settlor's contribution. At one settlor's death, each surviving settlor may revoke the trust as to the survivor's portion, and the trustee must promptly notify the other settlors of a revocation, amendment or death.
• Agents. A settlor's powers over revocation, amendment or distribution "may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power." Powers of attorney generally are covered on the Mississippi power of attorney laws page.
• Conservators and guardians. They may exercise those powers "only with the approval of the court supervising the conservatorship or guardianship."

Under 91-8-603, "While a trust is revocable rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor."

Certification of trust

Under 91-8-1013, instead of furnishing a copy of the trust instrument, the trustee may furnish a certification of trust "signed by the trustee or trustees having signature authority," "attested by a notary public." It must contain listed items, including an affirmation that the trust exists and the date it came into existence, the identity of the settlor, the currently acting trustee, the trustee's relevant powers, whether the trust is revocable and who holds a power to revoke it, and a statement that the trust has not been revoked or amended in a way that would make the certification incorrect. It "shall not be required to contain the dispositive provisions" of the trust, and "A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting."

After the settlor dies: the contest deadline

Section 91-8-604 sets the time limit:

"A person may commence a judicial proceeding to contest the validity of all or part of the terms of a trust that was revocable at the settlor's death within the earlier of: (1) Two (2) years after the settlor's death; or (2) One hundred and twenty (120) days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (Miss. Code Ann. 91-8-604)

After the settlor's death, the trustee may distribute the trust property under the trust's terms, and is liable for doing so only if the trustee knows of a pending contest, or a potential contestant notified the trustee of a possible contest and a proceeding "is commenced within sixty (60) days after the contestant sent the notification." A beneficiary of a trust later held invalid must return a distribution to the extent the invalidity applies to it.

Section 91-8-813 requires the trustee of "an irrevocable or nongrantor trust," within 60 days after the acceptance and funding of the trust, to notify each current income beneficiary, each vested ultimate beneficiary of a remainder interest, and anyone who holds a power of appointment in a nonfiduciary capacity that the trust has been established. The 120-day contest period in 91-8-604 runs only from the separate copy and notice that section describes.

No-contest clauses in trusts

Trusts have their own statute, 91-8-1014, which differs from the will rule in Parker v. Benoist. A trust no-contest provision "shall be enforceable according to the express terms of the no-contest provision without regard to the beneficiary's good or bad faith in taking the action," unless probable cause exists for the beneficiary's action on the grounds of fraud, duress, revocation, lack of testamentary capacity, undue influence, mistake, forgery, or irregularity in the execution of the trust instrument. The rule does not apply to actions such as one brought solely to challenge a trustee's breach of fiduciary duty or breach of trust, a settlement agreement among beneficiaries, an action to decide whether a proceeding is a contest, or an action for construction or interpretation of the trust's terms. The section directs courts to "enforce the settlor's intent as reflected in a no-contest provision to the greatest extent possible."

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 91-5-11(1) provides that a devise or bequest in a will executed under section 91-5-1 "may be made to the trustee of a trust which is evidenced by a written instrument in existence when the will is made and which is identified in the will." The gift "shall not be invalid because the trust is amendable or revocable, or both, by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills; nor because the trust was amended after execution of the will."

Unless the will provides otherwise, the property passes under the trust's terms, including written amendments made before or after the will and before the testator's death, and is not held under a testamentary trust. "An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest." Note the timing condition: the trust instrument must be "in existence when the will is made."

Producing a will after death

Under 91-7-5, "The chancery court of the proper county, on being informed that any person has the last will and testament of a testator or testatrix, may compel such person to produce it."

Mississippi wills and trusts at a glance

Recent and pending changes

The Legislature's bill-status code-section indexes for the 2021 through 2026 sessions list no enacted bill naming the wills, will-proof or trust-code sections quoted on this page. The one enacted bill they list for a nearby chapter, H.B. 1542 (2024), approved by the Governor on May 13, 2024, amended intestate-succession sections 91-1-7 and 91-1-11 for a child conceived by assisted reproduction after the decedent's death; that topic belongs to the Mississippi probate page.

• Senate Bill 2851 (2020). Approved by the Governor on June 29, 2020 and effective July 1, 2020, it added Title 91, Chapter 29 (divorce and wills, trust provisions and beneficiary designations, described above) and the Mississippi Real Property Transfer-On-Death Act (Title 91, Chapter 27).

Bills that died and are not law:

• H.B. 400 (2026) and H.B. 1153 (2025): video-recorded wills and video-recorded nuncupative wills.
• H.B. 1154 and S.B. 2456 (2025): remote online notarization.

Making a will in practice

The site's free Mississippi will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 91-5-1: a will that is not wholly in the testator's handwriting needs two credible witnesses who attest it in the testator's presence, and witness affidavits under section 91-7-7 can be signed at the same time. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Mississippi. The tool is not legal advice.

Members of the armed forces also have a federal option: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Mississippi probate
• Mississippi small estate affidavit
• Mississippi power of attorney laws
• Mississippi homestead exemption

This article provides general legal information about Mississippi law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Mississippi or the chancery clerk in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Mississippi?

Two or more credible witnesses, who attest the will in the testator's presence, unless the will is wholly written and subscribed by the testator (Miss. Code Ann. 91-5-1).

Is a handwritten will valid in Mississippi?

Yes, if it is wholly written and subscribed by the testator; section 91-5-1 then requires no witnesses. If uncontested, it may be proved by affidavits of two disinterested people familiar with the testator's handwriting and signature (91-7-10).

Does a will have to be notarized in Mississippi?

No. Section 91-5-1 does not require a notary. Witness affidavits made before an officer authorized to administer oaths can substitute for live witness testimony when the will is uncontested (91-7-7, 91-7-9).

Are oral wills valid in Mississippi?

Only in narrow cases. Under 91-5-15, a nuncupative will must be made in the last sickness at the testator's home (or where the testator lived for the previous ten days, unless taken sick away from home), and if the value exceeds $100 two witnesses must prove the testator asked those present to bear witness. Sections 91-5-17 and 91-5-19 add a 14-day wait and a six-month limit unless the words were written down within six days.

Can I make an electronic will in Mississippi?

No statute provides for one. Section 91-5-1 requires a written, signed will attested in the testator's presence, and Mississippi's electronic-transactions act does not apply to laws governing the creation and execution of wills (75-12-5).

Does divorce revoke a will in Mississippi?

In effect, yes, since July 1, 2020. Unless the will expressly provides otherwise, a divorce, annulment or declaration that the marriage is void makes the will read as if the former spouse, and each relative of the former spouse who is not the testator's relative, had failed to survive the testator (Miss. Code Ann. 91-29-1, added by Senate Bill 2851 of 2020). Separate rules with their own conditions reach revocable trusts and beneficiary designations; see the divorce section above.

Can a spouse be left out of a will in Mississippi?

A surviving spouse not satisfactorily provided for may renounce the will within 90 days after probate and take the intestate share, limited to one-half of the estate if there is no child or descendant (91-5-25). If the will makes no provision at all, no renunciation is needed (91-5-27).

Is a living trust revocable in Mississippi?

For a trust created under an instrument executed on or after July 1, 2014, yes, unless its terms expressly make it irrevocable (91-8-602). That default does not apply to trusts created under earlier instruments.

How long do you have to contest a will or trust in Mississippi?

A will probated without notice may be contested within two years (91-7-23), with exceptions for disability and concealed fraud. A trust that was revocable at death may be contested within the earlier of two years after death or 120 days after the trustee sends the copy and notice described in 91-8-604.