Mississippi

At a Glance

Mississippi death certificate rules.

In Mississippi, the physician in charge of the decedent's care is responsible for certifying the cause of death. Death certificates are typically filed by the funeral director or other person in charge of disposition within 72 hours of death. The Mississippi State Department of Health processes requests, with records mailed within 7 to 10 business days of ordering.

Who can order copies.

Certified copies of death certificates can be ordered by eligible individuals, such as immediate family members or legal representatives. Requests can be made by mail, online, by phone, or in person at the Mississippi State Department of Health's Ridgeland Office.

• –Mississippi State Department of Health, Vital Records, P.O. Box 1700, Jackson, MS 39215-1700 (https://msdh.ms.gov/page/31,0,109,809.html)
• –Cost: approximately $17 per certified copy for the first copy, $6 for additional copies.
• –Online and phone orders are available through private vital records services, which may incur additional fees.

How do I get a death certificate in Mississippi?

Order certified copies from Mississippi's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Mississippi?

$17 per certified copy in Mississippi, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

In Mississippi, probate is generally required for estates where the deceased owned assets solely in their name that do not pass automatically to heirs. However, if the total value of the probate estate (excluding liens and encumbrances) does not exceed $75,000, a small estate affidavit can be used to transfer assets without formal probate.

If you die without a will.

If a person dies in Mississippi without a valid will (intestate), state law dictates how their assets are distributed. This process, known as intestate succession, prioritizes the closest relatives.

• –Spouse and children: The spouse inherits one-half (1/2) of the estate, and the children inherit the other one-half (1/2).
• –Spouse, no children: The spouse inherits the entire estate.
• –Children, no spouse: The children inherit the entire estate.
• –No spouse or children: The estate passes to parents, then siblings, and so on, according to a statutory order of priority. If no relatives are found, the estate escheats to the state.

Avoiding probate.

Mississippi residents can use various methods to avoid probate, such as establishing revocable living trusts, utilizing beneficiary designations on financial accounts and life insurance policies, and holding property in joint tenancy with rights of survivorship. These strategies allow assets to pass directly to beneficiaries outside of the probate court process.

How long does probate take in Mississippi?

A straightforward Mississippi probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Mississippi?

$75,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Mississippi?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Mississippi allow transfer-on-death deeds?

Yes. Mississippi authorizes the transfer-on-death deed under Miss. Code Ann. §§ 91-27-1 to 91-27-37 (Mississippi Real Property Transfer-on-Death Act, eff. July 1, 2020). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Mississippi adopted a TOD deed act in 2020 (SB 2851); the deed must be recorded before death and property passing under it remains reachable by the decedent's creditors.

Source: Miss. Code Ann. §§ 91-27-1 to 91-27-37 (Mississippi Real Property Transfer-on-Death Act, eff. July 1, 2020) ↗

Die without a will in Mississippi and this law picks your heirs.

If you die intestate (without a valid will) in Mississippi, Miss. Code Ann. §§ 91-1-1 to 91-1-31 (esp. 91-1-3, 91-1-5, 91-1-7, 91-1-11); escheat: § 89-11-1 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate in fee simple
• –Spouse + parents (no descendants): the entire estate, parents get nothing
• –Spouse + joint descendants: a child's share, equal split between spouse and each child
• –Spouse + blended family: same child's share, no distinction for stepfamilies
• –Source: Miss. Code Ann. §§ 91-1-1 to 91-1-31; § 89-11-1

Children's shares.

The children take everything in equal parts, and a dead child's descendants split that child's share.

No spouse, no children: the line of succession.

With no spouse or descendants, the parents and the siblings (and dead siblings' descendants) all inherit together in equal parts as one class; after that, grandparents and uncles and aunts share equally, then the next of kin by civil-law degree, and with no kin the property escheats to the state (§ 89-11-1).

At a Glance

What Mississippi requires.

Mississippi law allows individuals to make advance healthcare decisions through an Advance Health-Care Directive, which can include a Living Will and a Healthcare Power of Attorney. These documents must be signed by the adult or emancipated minor and either witnessed by two individuals or notarized. The witnesses cannot be beneficiaries or healthcare providers involved in the individual's care.

Healthcare power of attorney.

In Mississippi, a Healthcare Power of Attorney (HCPOA) allows you to designate an agent to make medical decisions on your behalf if you become incapacitated. This can be a standalone document or combined within an Advance Health-Care Directive. The agent's authority typically begins when a physician determines you lack the capacity to make your own decisions.

POLST / MOLST forms.

Mississippi does not formally recognize Physician Orders for Life-Sustaining Treatment (POLST) or Medical Orders for Life-Sustaining Treatment (MOLST) forms as distinct from advance directives. However, the intent and medical orders typically found in POLST/MOLST forms can be incorporated into a comprehensive Advance Health-Care Directive, ensuring that specific end-of-life wishes are documented and legally binding.

Where do I get Mississippi's advance directive form?

The controlling law is Miss. Code Ann. § 41-41-209 (advance health-care directive form), linked as this section's source. Most people use the free statutory form: Mississippi's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Mississippi require a notary or witnesses for an advance directive?

Mississippi requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Mississippi.

Mississippi has no statutory waiting period before cremation. Authorization for cremation must be provided in writing by the legally authorized person, typically the next of kin, under Miss. Code Ann. § 73-11-58. Crematories must be licensed by the Mississippi State Board of Funeral Service (§ 73-11-69).

Green burial and alternatives.

Mississippi law permits green burial practices, which involve natural decomposition without embalming, concrete vaults, or non-biodegradable materials. While human composting and alkaline hydrolysis are not explicitly addressed in Mississippi statutes, green burial is allowed in designated natural burial grounds or cemeteries that permit such practices. Home burial is also generally permitted outside of municipal limits, subject to local zoning and health regulations.

• –Green burial: Allowed in Mississippi, typically in natural burial grounds or hybrid cemeteries.
• –Human composting: Not explicitly addressed by Mississippi law, generally not available.
• –Alkaline hydrolysis (aquamation): Not explicitly addressed by Mississippi law, generally not available.

Funeral home regulations.

Funeral homes in Mississippi are regulated by the Mississippi State Board of Funeral Service, which handles licensing and oversight. Funeral establishments must disclose pricing information to consumers, and the Federal Trade Commission (FTC) Funeral Rule applies, requiring itemized price lists and other consumer protections.

At a Glance

Mississippi does not have an estate tax.

Mississippi does not impose a state-level estate tax. This means that your estate will not be subject to state taxation upon your death, regardless of its value. However, federal estate tax laws may still apply to very large estates.

Mississippi does not have an inheritance tax.

Mississippi does not levy an inheritance tax. This means that beneficiaries who inherit property or assets from a deceased person in Mississippi will not have to pay a state tax on their inheritance.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Mississippi have an estate tax?

No. Mississippi has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Mississippi have an inheritance tax?

No. Mississippi does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Mississippi.

In Mississippi, you can register to be an organ, eye, and tissue donor through several convenient methods. The decision to donate can be made when obtaining or renewing your driver's license or state ID, or by registering online with the Mississippi Donor Registry.

• –Mississippi Donor Registry: Register online at MORA (Mississippi Organ Recovery Agency) website (http://msora.org/become-a-donor/register/).
• –Department of Public Safety (DMV): Indicate your donor status when applying for or renewing your driver's license or state ID.
• –Advance Directive: You can also express your wishes for organ donation within your Advance Health-Care Directive.

Your family cannot override your decision.

In Mississippi, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.