Updated July 17, 2023
A Mississippi last will and testament is a legally-binding document, set forth by a testator (the person creating the will), to direct the distribution of their personal and real property, fiduciary accounts and/or any cash-on-hand, digital assets, and any other form of property upon their death. On their will, a testator can set detailed instructions on how the distribution of assets/property among spouses, family, friends, and even charitable organizations shall be carried out. Mississippi law requires wills to be signed by the testator in the presence of at least two (2) competent, credible witnesses. Both witnesses must sign the document as well to attest their acknowledgment. Though optional, a testator can also have their will acknowledged by a state-authorized notary public for an extra layer of legal protection.
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Laws
Signing Requirements
Signed by two (2) or more credible witnesses in the presence of the testator. (Section 91-5-1)
State Definition
Every person eighteen (18) years of age or older, being of sound and disposing mind shall have power by last will and testament or codicil in writing.
Related Forms
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Durable (Financial) Power of Attorney
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