Wills, Estate Planning & Probate Lawyers in Mississippi

💡
Planning your estate or probating a loved one's will in Mississippi requires navigating strict Chancery Court procedures to protect family wealth. An experienced Mississippi probate attorney assists executors with solemn form proceedings, resolves creditor claims, and drafts resilient wills and trusts. Explore our verified directory below to schedule an initial consultation with an accomplished estate planning lawyer in your county.
W.F. Holder II - Gulfport, MS - Attorney in Gulfport
W.F. Holder II - Gulfport, MS

W.F. Holder II - Gulfport, MS

(0)
3423 Washington Ave, Gulfport, Mississippi
Specializing in: Family Law, Probate, Estate Planning, Contracts
Marc Brand & Associates - Jackson, MS - Attorney in Jackson

Marc Brand & Associates - Jackson, MS

(0)
125 S Congress St, Jackson, Mississippi
Specializing in: Debt Collection, General Practice, Corporate Law, Family Law
Symmes & Estes, PLLC, Attorneys at law - Gulfport, MS - Attorney in Gulfport

Symmes & Estes, PLLC, Attorneys at law - Gulfport, MS

(0)
1806 23rd Ave, Gulfport, Mississippi
Specializing in: Real Estate Closings, Professional Liability Defense, Title Services, Civil Litigation, Business Formation
Varnado Law Firm - Gulfport, MS - Attorney in Gulfport

Varnado Law Firm - Gulfport, MS

(0)
12178 US 49, Gulfport, Mississippi
Free Consultation
Specializing in: Chapter 7 Bankruptcy, Uncontested Divorce, DUI Defense, Misdemeanors
McLaughlin, PC - Jackson, MS - Attorney in Jackson

McLaughlin, PC - Jackson, MS

(0)
1704 N State St, Jackson, Mississippi
Specializing in: Craft Beer Law, Cannabis Law, Venture Capital, Startups
Sheppard Law Firm, P.A. - Jackson, MS - Attorney in Jackson

Sheppard Law Firm, P.A. - Jackson, MS

(0)
775 N Congress St, Jackson, Mississippi
Free Consultation
Specializing in: DUI Defense, Catastrophic Injury, Landlord-Tenant Disputes
Holleman Tim C - Gulfport, MS - Attorney in Gulfport

Holleman Tim C - Gulfport, MS

(0)
1720 23rd Ave, Gulfport, Mississippi
Free Consultation
Specializing in: Personal Injury, Criminal Defense, Government Law, Divorce
Watkins & Eager PLLC - Jackson, MS - Attorney in Jackson

Watkins & Eager PLLC - Jackson, MS

(0)
400 E Capitol St, Jackson, Mississippi
Specializing in: Commercial Real Estate, Mass Torts, Medical Malpractice Defense
David R. Lynch, CPA, Esq., LL.M. - Jackson, MS - Attorney in Jackson
David R. Lynch, CPA, Esq., LL.M. - Jackson, MS

David R. Lynch, CPA, Esq., LL.M. - Jackson, MS

(0)
4811 Old Canton Rd, Jackson, Mississippi
Specializing in: IRS Disputes, Tax Audits, Offer in Compromise, Tax Litigation
William R. Armstrong, Jr., P.A. - Jackson, MS - Attorney in Jackson
William R. Armstrong, Jr., P.A. - Jackson, MS

William R. Armstrong, Jr., P.A. - Jackson, MS

(0)
1675 Lakeland Dr, Jackson, Mississippi
Specializing in: Commercial Bankruptcy, Creditors' Rights, Bankruptcy Litigation
Coastwide Law - Kathy Brown van Zutphen - Gulfport, MS - Attorney in Gulfport

Coastwide Law - Kathy Brown van Zutphen - Gulfport, MS

(0)
428 Courthouse Rd, Gulfport, Mississippi
Specializing in: Elder Law, Conservatorships, Special Needs Planning, Adoptions
Ash Law Firm PLLC - Jackson, MS - Attorney in Jackson

Ash Law Firm PLLC - Jackson, MS

(0)
1818 Crane Ridge Dr, Jackson, Mississippi
Free Consultation
Specializing in: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Debt Relief
Newton Law Firm, PLLC - Gulfport, MS - Attorney in Gulfport
Newton Law Firm, PLLC - Gulfport, MS

Newton Law Firm, PLLC - Gulfport, MS

(0)
625 16th St, Gulfport, Mississippi
Specializing in: Tax Litigation, Estate Planning, Probate Administration, Trusts
Glover Russell, PA - Jackson, MS - Attorney in Jackson

Glover Russell, PA - Jackson, MS

(0)
120 N Congress St, Jackson, Mississippi
Specializing in: Estate and Trust Litigation, Business Planning, Tax Controversies
Kelly Michael Rayburn Attorney at Law - Gulfport, MS - Attorney in Gulfport

Kelly Michael Rayburn Attorney at Law - Gulfport, MS

(0)
12007 Mobile Ave, Gulfport, Mississippi
Free Consultation
Specializing in: Divorce, Real Estate Litigation, Probate Law, Adoptions, Serious Personal Injury
Fred Hoff Jr. - Wise Carter Child & Caraway - Gulfport, MS - Attorney in Gulfport

Fred Hoff Jr. - Wise Carter Child & Caraway - Gulfport, MS

(0)
2510 14th St, Gulfport, Mississippi
Specializing in: Estate Planning, Commercial Real Estate, Tax Law, Probate, Title Insurance
Mississippi Volunteer Lawyers Project - Jackson, MS - Attorney in Jackson
Mississippi Volunteer Lawyers Project - Jackson, MS

Mississippi Volunteer Lawyers Project - Jackson, MS

(0)
643 N State St, Jackson, Mississippi
Free Consultation
Specializing in: Pro Bono Services, Uncontested Divorce, Guardianship, Adoption, Wills, Name Changes
Schwartz, Orgler & Jordan, PLLC - Gulfport, MS - Attorney in Gulfport

Schwartz, Orgler & Jordan, PLLC - Gulfport, MS

(0)
12206 US 49, Gulfport, Mississippi
Specializing in: Commercial Litigation, Municipal Law, Banking Law, Real Estate Closings
McGee Tax Law, PLLC - Gulfport, MS - Attorney in Gulfport

McGee Tax Law, PLLC - Gulfport, MS

(0)
2510 14th St Suite 1110, Gulfport, Mississippi
Specializing in: Tax Litigation, Estate Planning, Probate, Business Formation, IRS Representation
Kevin Gay Attorney at Law, PLLC - Jackson, MS - Attorney in Jackson
Kevin Gay Attorney at Law, PLLC - Jackson, MS

Kevin Gay Attorney at Law, PLLC - Jackson, MS

(0)
4316 Old Canton Rd Suite 200, Jackson, Mississippi
Free Consultation
Specializing in: Personal Injury, Insurance Defense, Workers' Compensation, Auto Accidents, Wills and Estates, Bad Faith Insurance
Gillespie Law Firm - Gulfport, MS - Attorney in Gulfport
Gillespie Law Firm - Gulfport, MS

Gillespie Law Firm - Gulfport, MS

(0)
1901 24th Ave, Gulfport, Mississippi
Specializing in: Zoning Law, Real Estate Litigation, Municipal Law, Probate
James F. Thompson, Attorney at Law - Gulfport, MS - Attorney in Gulfport
James F. Thompson, Attorney at Law - Gulfport, MS

James F. Thompson, Attorney at Law - Gulfport, MS

(0)
1105 30th Ave, Gulfport, Mississippi
Specializing in: Criminal Defense, Estate Planning, Real Estate, Family Law
Hudson & Smith - Gulfport, MS - Attorney in Gulfport
Hudson & Smith - Gulfport, MS

Hudson & Smith - Gulfport, MS

(0)
1600 24th Ave, Gulfport, Mississippi
Specializing in: Bankruptcy, Family Law, Civil Litigation
Schwartz, Orgler, Jordan & Williams, PLLC - Gulfport, MS - Attorney in Gulfport

Schwartz, Orgler, Jordan & Williams, PLLC - Gulfport, MS

(0)
2137 E Pass Rd, Gulfport, Mississippi
Specializing in: Municipal Law, School Board Representation, Zoning and Land Use, Commercial Real Estate
Loading more...

Navigating Estate Planning and Chancery Court Probate in Mississippi

Estate planning and probate administration in Mississippi fall under the exclusive jurisdiction of the county Chancery Court pursuant to Miss. Code § 9-5-81. Whether administering an estate in Hinds, Harrison, DeSoto, Rankin, Madison, or Lee County, proceedings are supervised by the local Chancery Clerk and adjudicated before a Chancellor without a jury.

Mississippi law recognizes probate in two distinct procedural structures: common form and solemn form. Probate in common form is an ex parte proceeding without advance notice to heirs, whereas probate in solemn form under Miss. Code § 91-7-19 requires formal process served upon all interested parties, resulting in a conclusive judicial decree. Executors must navigate strict statutory notices to creditors and file formal inventories and accountings.

Working with an experienced Mississippi estate planning and probate attorney ensures that your legacy is protected and that estate administrators avoid personal liability. Counsel crafts revocable living trusts to bypass probate, prepares durable powers of attorney, coordinates self-proving wills, and guides fiduciaries through the mandatory 90-day creditor claim window.

Mississippi Estate Planning & Probate Legal Fees and Timelines

Case ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Core Estate Planning Portfolio (Will, POA, Healthcare Directive)Flat Fee$650 - $1,600Beneficiary structure, self-proving affidavit, durable financial power of attorney scope.
Revocable Living Trust PackageComprehensive Flat Fee$1,800 - $4,500Real property deed drafting, Chancery Clerk recording, pour-over will integration.
Uncontested Probate Administration (Solemn Form)Flat Fee or Statutory Allowance$2,500 - $6,500Publication of creditor notices, inventory filing, Chancellor approval of final accounting.
Contested Will Caveat & Fiduciary LitigationHourly Retainer ($275 - $500/hr)$7,500 - $25,000+Undue influence claims, lack of testamentary capacity disputes, Chancery Court trial days.

Critical Legal Deadlines & Statutes in Mississippi

Probate administration in Mississippi requires adherence to strict statutory timelines. Under Miss. Code § 91-7-151, all creditors must file and register their claims with the Chancery Clerk within 90 days after the first publication of notice to creditors. Claims not presented within this 90-day window are barred forever against the estate.

Will execution formalities are governed by Miss. Code § 91-5-1. A valid will must be in writing, signed by the testator (or by someone in their presence and at their direction), and attested by two or more credible witnesses in the testator's presence. Mississippi also recognizes holographic wills under the same statute if wholly written and signed in the testator's handwriting. Executing a self-proving affidavit pursuant to Miss. Code § 91-7-7 allows the will to be probated without requiring the testimony of subscribing witnesses.

Spousal protections are codified under Miss. Code § 91-5-25. A surviving spouse left without adequate provision in a will may formally renounce the will within six months of probate, entitling them to claim a statutory child's share of the decedent's estate (up to one-half). For small estates, personal property valued at $75,000 or less may be distributed via affidavit without formal probate pursuant to Miss. Code § 91-7-322.

Justice Court Limitations vs. Chancery Court Probate Jurisdiction

Mississippi Justice Courts handle minor civil claims up to $3,500 under Miss. Code § 11-9-143. Justice courts have no authority over probate administration, wills, or trusts.

Exclusive subject matter jurisdiction over estate administration is vested in Mississippi Chancery Courts pursuant to Miss. Code § 9-5-81. Attempting to manage probate without legal counsel carries severe personal risks; an executor who distributes estate assets before the 90-day creditor notice period expires under Miss. Code § 91-7-151 can be held personally liable for unsatisfied estate debts.

A qualified Mississippi probate lawyer petitions the court in solemn form under Miss. Code § 91-7-19, publishes statutory creditor notices, prepares formal accountings, and obtains a decree of final discharge shielding the executor from future liability.

Red Flags to Avoid When Selecting a Mississippi Probate Lawyer

  • Omitting a self-proving affidavit: Failing to execute a notarial affidavit under Miss. Code § 91-7-7 requires tracking down subscribing witnesses years later during probate.
  • Failing to explain solemn form versus common form probate: Common form probate leaves the estate vulnerable to will contests for up to two years under Miss. Code § 91-7-23.
  • Distributing assets before the 90-day creditor bar: Premature asset distributions before the expiration of notice under Miss. Code § 91-7-151 exposes executors to personal debt liability.
  • Unclear fee agreements: Ensure your retainer agreement specifies whether court filing fees, newspaper publication costs, and bond premiums are included in the quote.

Frequently Asked Questions

What is the deadline for creditors to file claims against a Mississippi estate?

Under Miss. Code § 91-7-151, creditors must file their claims with the Chancery Clerk within 90 days of the first newspaper publication of notice to creditors, or the claims are permanently barred.

What is the difference between probate in common form and solemn form in Mississippi?

Common form probate is an ex parte proceeding without notice that can be contested for up to two years under Miss. Code § 91-7-23. Solemn form probate under Miss. Code § 91-7-19 provides formal summons to all heirs and results in a final, binding decree.

Does Mississippi recognize holographic (handwritten) wills?

Yes. Under Miss. Code § 91-5-1, a holographic will is legally valid in Mississippi without witnesses if it is wholly written and signed in the handwriting of the testator.

What is the small estate limit in Mississippi?

Under Miss. Code § 91-7-322, estates with personal property valued at $75,000 or less (excluding exempt property) can be distributed by affidavit without formal probate proceedings after a 30-day waiting period.

Can a surviving spouse be completely disinherited in Mississippi?

No. Under Miss. Code § 91-5-25, a surviving spouse may renounce a will that fails to make adequate provision and claim their statutory share of the estate (a child's part, not to exceed one-half).

×
Need legal help? I'm here!
Legal AI
Assistant