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Mississippi route screening

Mississippi small-estate limit: $75,000

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.

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Threshold evidence and currency

What the reviewed source establishes

Currency: No later session-law supersession is recorded in the reviewed source set for this threshold. The edition/currentness label below is the basis for the published figure.

Controlling citation: S.B. 2850, § 7, 2020 Miss. Laws (Reg. Sess.) (amending Miss. Code Ann. § 91-7-322) — take effect and be in force from 197 and after July 1, 2020..

Verbatim threshold text from that source:

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
1. Where and when
Private by design: entries stay in this browser.
2. What they left

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Asset 1

Asset 2

Your working estimate

Mississippi estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted
Court chargeMore information neededChancery civil case including estate of a deceased (§ 25-7-9(2))2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.Court charges only, for the proceeding named beside each figure. That proceeding is not always the route screened above.
Scheduled executor compensationMore information needed2 asset entries have no value entered.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.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

What the Mississippi amount screen counts

The headline limit is not a count of everything the person owned. It is a test of the property and deductions named by this procedure. Classify title and beneficiary status first; property that transfers by a valid survivorship right, beneficiary designation, or funded trust follows its own transfer path.

This reviewed route is limited to personal probate property. A house or other real property is not transferred through this screen, even when the personal-property total is below $75,000. Open the deed and the receiving court’s real-property instructions before assuming the simplified procedure resolves the whole estate.

The reviewed value basis subtracts enforceable liens and encumbrances. Enter the asset value and the lien separately. An unsecured bill is not a lien against an asset unless this state separately requires it as an input.

Timing and facts the threshold cannot answer

The reviewed route requires 30 days after death before the affidavit or petition can be used. That is a minimum timing condition, not a promise that the institution or court completes the transfer on that day.

What does not qualify for this route

  • An estate above $75,000 does not qualify for this value-based route, unless the separately described alternate route applies.
  • Real property is outside this route’s scope; the affidavit or statement does not transfer a house or other real estate.
  • Filing before 30 days have elapsed from death fails the reviewed timing condition.
  • A pending or completed personal-representative appointment, a will condition, creditor issue, or family-rights condition can disqualify the route even when the amount appears within the reviewed rule.

Move from the screen to the official Mississippi path

Assemble the death date, will status, asset titles, beneficiary confirmations, values, enforceable liens, family facts, and any prior court filing before signing anything. Then use the court publisher’s current artifact for the selected route.

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.

If the state publishes no statewide form, that is a finding—not a missing link. Contact the Chancery Court or clerk in the proper county for its packet and current filing instructions rather than borrowing an unofficial form from another county.

Questions to resolve before relying on “likely qualifies”

  • Executor commission ceiling (§ 91-7-299) is an honest UNKNOWN - the section is Lexis-locked and no digital-era enacting bill restates it, so no percentage is published here; consult § 91-7-299 or the Chancery Court.
  • Creditor-claim bar (§§ 91-7-145/151) is UNKNOWN - Lexis-locked, no digital-era enacting bill.
  • Confirm deed, account title, beneficiary, and trust ownership from the actual records.
  • Confirm whether a will, prior appointment, creditor issue, or family allowance changes the route.
  • Confirm the official form, fee, copy count, and filing method with the receiving court or institution.
Use this as a starting point.

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.

Mississippi eligibility map

What the Mississippi simplified route still requires

The Mississippi threshold is one screen, not a complete legal conclusion. This map pairs the recorded ceiling with the property scope, deductions, date, and court artifact that have to be checked before relying on a likely-qualifies result.

QuestionRecorded Mississippi answerCarry 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?$75,000Use 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.

Eligibility inputs

The Mississippi screen is made of these inputs

A threshold is useful only when the amount is measured the way the source describes. Keep this table with the asset worksheet so an empty or misclassified field cannot look like a confirmed qualification.

InputRegistry record
Threshold$75,000
Property scopepersonal probate property only
Value basisnet of enforceable liens and encumbrances
Waiting period30 days after death
Required extra factsNone listed in the registry

Case-file context

Keep the Mississippi answer with its neighboring conditions

A route answer is easier to use when the facts that can change it stay in the same record. These are the reviewed Mississippi descriptions adjacent to this page\'s main question; they are not a substitute for the source quotations or the receiving court\'s instructions.

Cost context

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).

$135 is the recorded statewide amount.

Compensation context

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.

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.

Deadline context

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.

  • Executor commission ceiling (§ 91-7-299) is an honest UNKNOWN - the section is Lexis-locked and no digital-era enacting bill restates it, so no percentage is published here; consult § 91-7-299 or the Chancery Court.
  • Creditor-claim bar (§§ 91-7-145/151) is UNKNOWN - Lexis-locked, no digital-era enacting bill.

Court-material note: 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.

Arithmetic illustration

See the Mississippi amount screen without mistaking it for a result

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 amountComparison to the Mississippi ceilingWhat it does not decide
$56,300Below $75,000Title, liens, waiting period, appointment, or creditor duties
$93,800Above $75,000Whether another statutory route or court process applies

Next evidence to collect

Use the calculator for arithmetic, then verify title, timing, and the receiving court's form.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

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

Records used by this Mississippi map

Controlling source

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.

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