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Mississippi Small Estate Affidavit Form

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The Mississippi small estate affidavit may be used by an heir or successor when the decedent’s estate (the person who died) left $75,000 or less in probate-able personal property. In order to qualify, the person filing must be an heir or successor, such as a souse or child, the decedent must have $75,000 or less in assets. Thirty (30) days must have passed since decedent’s death and no other petition is pending to appoint a personal representative. Once these qualifications are met, a successor can use this form to collect and distribute the personal property of the decedent from any third party that is holding such property, such as a bank or debtor.

Maximum – $75,000

Laws – § 91-7-322

How to Write

Step 1 – At the top of the document, fill in your name as an heir or successor.

Step 2 – In Section 1, write in the name of the decedent and the decedent’s social security number. In addition write in the date of death, the location of death and the decedent’s age at death.

Step 3 – In Section 2, write in the decedent’s residence at the time of death.

Step 4 – In Section 6, list the assets and value of assets that decedent owned at his or her death.

Step 5 – Write in the names, relationship to decedent, whether the person is a minor or adult and additional facts of each heir of successor in interest.

Step 6 – On the second page, indicate the marital status of decedent at the time of death.

Step 7 – Write in the information about the children and whether they are included in section 5.

Step 8 – Write in if there is any unpaid claimant.

Step 9 – Sign and date in front of a notary.

Step 10 – Be sure to include a certified copy of the death certificate when you present the form for collection of property.