Mississippi estate administration
Small-estate limit: $75,000
This guide explains probate in Mississippi: Mississippi provides a small-estate affidavit under Miss. Code Ann. § 91-7-322 for personal property of a decedent whose estate, net of liens and encumbrances, does not exceed $75,000.00, available at least thirty (30) days after death and filed in the Chancery Court of the county of domicile. Opening an estate case costs a fixed statutory $135.00 (an $85.00 chancery-clerk service fee plus two mandatory § 25-7-9(3) per-case fund assessments of $10.00 and $40.00). The executor-commission ceiling (§ 91-7-299) and the creditor-claim bar (§§ 91-7-145/151) remain honest UNKNOWNs because they live only in the LexisNexis-contracted Mississippi Code and were never restated by a digital-era enacted bill, so no figure for either is published here.
Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.
After at least thirty (30) days from death, a successor may collect a Mississippi decedent's tangible personal property and money by affidavit where the value of the entire estate, excluding all liens and encumbrances, does not exceed $75,000.00 (Miss. Code Ann. § 91-7-322 as revised by S.B. 2850, 2020, eff. July 1, 2020), no petition for appointment of a personal representative is pending or granted, and known debts are provided for.
Small-estate affidavit for collection of personal property (Miss. Code Ann. § 91-7-322)Simplified route
After at least thirty (30) days from death, a successor may collect a Mississippi decedent's tangible personal property and money by affidavit where the value of the entire estate, excluding all liens and encumbrances, does not exceed $75,000.00 (Miss. Code Ann. § 91-7-322 as revised by S.B. 2850, 2020, eff. July 1, 2020), no petition for appointment of a personal representative is pending or granted, and known debts are provided for.
Eligibility and caveatsCourt cost
Opening a chancery civil case that 'includes ... estate of deceased' carries a fixed statutory total of $135.00: the single chancery-clerk service fee of $85.00 under Miss. Code Ann. § 25-7-9(2), plus two per-case add-on assessments mandated by § 25-7-9(3) for every civil case filed - $10.00 to the Comprehensive Electronic Court Systems Fund (§ 9-21-14) and $40.00 to the Judicial System Operation Fund (§ 9-21-45). All three accrue on filing (as amended by S.B. 2792, 2024).
Filing-cost detailExecutor compensation
Mississippi sets a statutory ceiling on the commission an executor or administrator may be allowed, but the controlling section, Miss. Code Ann. § 91-7-299, is published only through a commercial (LexisNexis) contract this site cannot fetch, and no digital-era enacted Mississippi bill restates it (checked via the billstatus.ls.state.ms.us per-section code-affect indexes for 2008-2025). Because the operative ceiling cannot be reproduced from a harvestable primary source, no figure is published here. Consult Miss. Code Ann. § 91-7-299 or the Chancery Court of the county of administration for the current commission ceiling.
Compensation detailCreditor deadline
No creditor deadline is published here because the governing rule was not verified to this site’s primary-source standard.
Timeline and creditor detailsNot every state serves its own code. Where Mississippi did not, the attempt is recorded here instead of being covered over with a figure copied from a secondary summary. Each row names the authority that would settle the question and the page that failed to return it.
| Authority sought | What is therefore not published | Tried on |
|---|---|---|
| Miss. Code Ann. tit. 91, ch. 7 (executors and administrators) | No Mississippi commission figure is published here — representative pay | 2026-09-17 |
| Miss. Code Ann. tit. 91, ch. 7 (probate of claims) | Mississippi creditor deadlines: verified as unreadable, not guessed — creditor deadline | 2026-09-17 |
Mississippi decision map
Use this map before opening a form or entering a number. It keeps the Mississippi amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.
| Question | Recorded Mississippi answer | Carry into the case |
|---|---|---|
| What route is being screened? | Small-estate affidavit for collection of personal property (Miss. Code Ann. § 91-7-322) | Confirm that the will, prior appointment, family facts, and asset titles fit this route. |
| What property and basis count? | personal probate property only; net of enforceable liens and encumbrances. | Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately. |
| What is the amount screen? | $75,000 | Use the counted property, not a bank-balance shortcut. |
| What is the time or deadline record? | 30 days after death; No deadline is recorded here: Miss. Code Ann. §§ 91-7-145 (registration/probate of claims) and 91-7-151 (bar of claims not probated) govern the Mississippi creditor-claim procedure and the ninety-day bar from first publication of notice to creditors. Neither section was amended or restated by any digital-era enacted Mississippi bill (billstatus.ls.state.ms.us per-section code-affect indexes 2008–2025 show no enacting measure), and the codified sections are LexisNexis-only. The deadline framework is therefore not substantiated from a verified primary source and is recorded as UNKNOWN rather than guessed. | Keep the event that starts each clock with the date; do not combine separate periods into one number. |
| What does the cost record establish? | $135 is the recorded statewide amount. | Ask the Chancery Court about local surcharges, copies, publication, bond, and later filings. |
| What does compensation use? | No compensation amount is recorded here: Mississippi sets a statutory ceiling on the commission an executor or administrator may be allowed, but the controlling section, Miss. Code Ann. § 91-7-299, is published only through a commercial (LexisNexis) contract this site cannot fetch, and no digital-era enacted Mississippi bill restates it (checked via the billstatus.ls.state.ms.us per-section code-affect indexes for 2008-2025). Because the operative ceiling cannot be reproduced from a harvestable primary source, no figure is published here. Consult Miss. Code Ann. § 91-7-299 or the Chancery Court of the county of administration for the current commission ceiling. | Keep the will, task log, receipts, and accounting base together; extraordinary work is separate. |
Arithmetic illustration
The recorded Mississippi ceiling is $75,000, and it is tested against personal probate property only, on a basis this site records as net of enforceable liens and encumbrances. Counted that way, $56,300 sits below the Mississippi figure and $93,800 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Mississippi counts and how it values it are decided before the comparison is made.
| Illustrative counted amount | Comparison to the Mississippi ceiling | What it does not decide |
|---|---|---|
| $56,300 | Below $75,000 | Title, liens, waiting period, appointment, or creditor duties |
| $93,800 | Above $75,000 | Whether another statutory route or court process applies |
Next evidence to collect
Official material
Mississippi probate (estates of decedents) is heard in the Chancery Court (confirmed: '§ 25-7-9(2) ... the clerks of the chancery courts'). There is no statewide small-estate form or single statewide filing-fee schedule beyond the § 25-7-9 chancery-clerk fee; the affidavit and administration are filed with the county chancery clerk.
Source trail
This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.
The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.
Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.
Reviewed source note: does not exceed * * * Seventy - five Thousand Dollars ($75,000.00) ; (b) That at least thirty (30) days have elaps ed since the death of the decedent
What this means: Enacted (approved by the Governor). The Mississippi bill uses '* * *' to mark deleted text and restates § 91-7-322 in full. Threshold revised to $75,000.00; the affidavit is available at least thirty (30) days after death. Digit/word spacing artifacts ('Seventy - five', 'elaps ed') are consistent in the source PDF and match verbatim.
Reviewed source note: The clerk or his successor in office shall per form a ll duties set forth witho ut additional compensation or f e e ............ $ 8 5.00
What this means: Enacted (as sent to Governor / signed). § 25-7-9(2) fixes a single chancery-clerk service fee of $85.00 for any chancery civil case that 'includes, but is not limited to ... estate of deceased', accruing on filing; § 25-7-9(3) adds, for every civil case filed, two mandatory per-case assessments - $10.00 to the Comprehensive Electronic Court Systems Fund (§ 9-21-14) and $40.00 to the Judicial System Operation Fund (§ 9-21-45) - for a $135.00 total. Digit spacing ('$ 8 5.00', 'per form', 'f e e') is consistent in the source PDF.