How to Write a Will in Mississippi

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It is important to have a will in place, as it helps protect your family and your property. You can leave your property to people you wish, name a guardian for your minor children, and name an executor responsible for ensuring your wishes are fulfilled.

What are the Steps to Create a Will in Mississippi

When you decide to create your will, several steps must be followed to ensure that the will contains all the requirements and is made valid.

These steps are;

1. Inventory of Assets

You should have a list of all your assets to ensure that you leave all assets undistributed.

2. Beneficiary

Your heirs are the ones who will inherit your assets. Therefore, you should have a list of them so you do not leave anyone out of your will.

3. Executor

An executor will be responsible for managing and distributing your assets according to your wishes in the will. You should appoint an executor capable of handling all the Court requires or directs.

4. Guardian

You must appoint a guardian. A guardian is the individual responsible for the care and upkeep of the children. You should appoint someone willing and capable of taking over the responsibility of raising your children.

5. Will Writing

When writing your will, you should be clear on who will inherit your property.

6. Signing

Once you have included everything in our will and are ready to finalize it, you must sign the will, which acknowledges its content. At least two witnesses should witness the will, who should sign it within a reasonable time after the testator has signed.

7. Storage

Your will should be stored in a location that is easily accessible after your death. There are several options on where to store your will; 

• You will store your will in a safety deposit box and be required to give access rights to your person of choice or the executor, who can easily access the deposit box after your death.
• A safe inside your home. The safe should be fireproof and waterproof to avoid damage to the will.
• With the lawyer with explicit instructions on when and to whom the will should be released upon your death.

What Happens if I Don’t Have a Will?

When you die without a will, your assets and property will be distributed by the probate court in accordance with the intestate laws, as you will be considered to have died intestate. LegaPen can assist you in writing your own will. 

What are the Requirements for Writing a Last Will and Testament in Mississippi?

Several requirements are needed when writing a Last Will and Testament in Mississippi. Below are the requirements;

1. Age

The testator must be at least 18 years old to write a will.

2. Capacity

You must be of sound mind. This means that as the testator, you understand what you own and your heirs, how to distribute the assets, and know you are signing your will.

3. Be in Writing

The will should be made on hard copy. It must be on actual paper. It cannot be an audio, video, or any digital file. You can type on the computer and print your will. 

4. Signature

To finalize your will, you should date and sign it with the assistance of someone else and with the testator’s consent. 

5. Witnesses

The will should be signed by two competent witnesses, who must sign it within a reasonable time after the testator signs it.

How Often Should You Review and Update Your Mississippi Will?

You should review and update your will every three to five years and when the update is necessary.

Your Mississippi will be reviewed and updated when there is a significant life event, such as a health scare, marriage, divorce, birth of a new family member, death of a family member, or a significant increase or decrease in your financial situation.

How to Revise and Update Your Will in Mississippi

When you want to revise and update your will, you must ensure it is done correctly. At LegalPen, the legal professionals will guide you through the process.

You can revise and update your will through the following methods;

1. A codicil. This legal document is an addendum to the original will stating amendments and additions to the will’s provisions. The codicil will be executed similarly to a will. The Codicil forms part of the will and is to be read together.
2. Making a new will. You can revise or update your will by writing a new will and stating in the new will that all other previous wills are null and void.

What Makes a Will Valid in Mississippi?

A will is made valid in Mississippi by meeting the Wisconsin legal requirement threshold, which includes the following;

1. Signature – the testator needs to sign the will to acknowledge it or direct someone else to sign it for them and must be present at the will’s signing
2. Notary – you are not required to notarize your will in Wisconsin. However, there is a provision for a self-proving affidavit attached to your will, which is then used instead of witness testimony during probate.

Can a Handwritten Will be Valid in Mississippi?

Yes, handwritten wills can be valid in Mississippi as long as they are written as wills.

The will must be entirely written by the testator and must be dated and signed for it to be valid. During probate, the court will require two witnesses to testify on the testator’s competency and that they are familiar with the testator’s handwriting and signature. LegalPen can direct you on a Do it yourself will.

How Do I Sign My Mississippi Will?

The testator should sign the Mississippi will or direct someone else to sign it for them in their presence. The signing should be done in front of two witnesses, who should further sign the will to acknowledge the testator’s signing.

What can I Include in an Online Will in Mississippi?

When writing your online will in Mississippi, you can include the following; –

1. An executor
2. A guardian
3. A list of your assets
4. A list of your debts and liabilities
5. A list of your beneficiaries
6. Your bequests
7. Your last message to your loved ones

Types of Assets Covered in a Mississippi Will

There are several types of assets an individual can possess. However, they are limited to what can be included or covered in a Mississippi Will, which includes; –

1. Real estate
2. Bank accounts
3. Shareholdings
4. Motor Vehicles 
5. Furniture 
6. jewellery

Can I Revoke or Change My Mississippi Will?

Yes, you can revoke or change your Mississippi Will. A Will includes the testator’s wishes, and since a Will does not go into effect until the testator’s death, you can alter, modify, or completely revoke it at any time.

How do you Revoke or Change your Will in Mississippi

There are two ways in which you can revoke or change your will in Mississippi which are either by; –

• Express Revocation – a physical act does this with the intentional acts to destroy, cancel, or obliterate the will or have it done in your presence. You can further expressly revoke your will by writing another will.
• Implied Revocation—This occurs when the testator makes a gift during their lifetime in the will or by operation of Law. 

Depending on how often one should update a will, it is always a chance you can revoke or change your Will.

Can I Make a Digital or Electronic Will in Mississippi?

No, you can not make a digital or electronic will in Mississippi. Mississippi wills are valid on actual paper, typed and printed using a computer or a typewriter.

Who Can Witness a Will in Mississippi?

Only some people can witness a will in Mississippi. The following requirements are to be met for you to be a witness to a will; –

1. The witness must be at least 18 years of age

2. The witness must be of sound mind

3. The witness should not be related to the testator by blood or marriage.

Should My Will Name an Executor?

Yes, your will should name an executor, as this is a key step in the will-making process. The executor will ensure that your last wishes are carried out and your financial affairs are settled by managing and distributing your assets.

What are the Mississippi Will Executor Requirements?

Several requirements are placed for one to be an executor of a Mississippi will. The requirements include; –

1. Must be at least 18 years old
2. Must be of sound mind
3. Must be capable of performing their duties

What Happens to a Will After Death in Mississippi?

After your death, your executor will present the Will to the Court, where it must go through probate. Probate is when the court declares your will valid or invalid.

What is the Impact of Marriage and Divorce on Your Mississippi Will

In Mississippi, if one spouse dies without a will and has no children or grandchildren, the property goes to the surviving spouse. However, if that person has children, the property is divided equally among the surviving spouse and children.

Where a married person makes a Will and later divorces, any provisions in the will or a trust that favor the ex-spouse (and any relative of the ex-spouse who is not related to the will-testator) will be read as if the ex-spouse and their relatives died before the testator. You can get a sample will for married couples from LegalPen.

Do all Wills in Mississippi have to go Through Probate?

Yes, all Wills in Mississippi have to go through probate, especially if the estate includes real estate. However, an exception applies to real estate property with a named heir in the will and is less than $10,000 in personal assets. Another way to avoid probate is by making a living trust.  

Is Mississippi a Community Property State?

No, Mississippi is not a community Property State. It uses the equitable distribution model to determine ownership of a married couple’s assets. The property is divided fairly to both spouses, which does not necessarily mean a 50/50 division.

How is Mississippi Intestate Succession done?

When you die without having left a Will, you will be considered to have died intestate, and your assets and property will be distributed in accordance with the strict laws of intestacy.

The probate court will have to distribute your assets to a surviving spouse unless there are surviving children, and they will share the inheritance. 

If there is no surviving spouse or children, the court will follow a list of descendants from parents, siblings, grandparents, and other relatives, depending on the closeness of the relationship.

The State will take over the assets when there are no living descendants.

How is Estate and Inheritance Tax in Mississippi done?

Mississippi does not have an Estate tax; however, the Federal estate tax will still apply if the estate is worth enough. The State does not have an inheritance tax; however, another state’s inheritance tax can apply if someone who lives in a state with an inheritance tax leaves something in their will for you.