Free Mississippi Last Will and Testament



What is a Last Will and Testament?

A Mississippi Last Will and Testament is a legal instrument that details the way your belongings will be handled when you perish. The person who creates a will is called a testator. After they pass away, they might also be called the decedent. The testator may also appoint a guardian for their kids in the document to ensure that there's someone who can protect the children till they grow to be adults or until they get to a specific age.

In a Mississippi Testament, the decedent usually also establishes a personal representative-or co-personal representatives (two or more persons acting jointly in this capacity) to handle the estate matters. A personal agent is a person who gathers the information about the decedent’s debts and property, pays off any outstanding debts with the assets on behalf of the estate, and helps to ensure that the decedent’s property is used as described in the last will, so this is a job with a lot of responsibility. The personal agent decided on is usually somebody the will creator truly relies on to conclude their last wishes.

In the event that one dies without having a valid Mississippi Last Will and Testament (which in most states implies the document must be properly witnessed, not only signed), someone will usually be appointed by the probate court to function as personal agent and settle the decedent’s financial debt, using assets as needed to do so. Next, the residual assets will be spread among the decedent’s beneficiaries according to the laws of the state the will creator resided in.

In a few states, any time one spouse passes away leaving behind their husband or wife, that surviving spouse will acquire all the decedent’s property in the absence of a Last Will stating the contrary. Additionally, the decedent might have chosen a specific beneficiary to acquire a life insurance policy, retirement account, or other asset, and this beneficiary designation will ascertain who receives those assets without a Last Will and Testament.

The important thing to pay attention to is that anyone who wishes to specify exactly how their assets will be used after their passing should make and properly sign a Last Will to guarantee their wishes are recognized and honored. Without getting a last will, you most likely are leaving it up to chance, the rules of the state, or a court as to the way your final affairs will be wrapped up.

Legal Requirements for Last Wills in Mississippi

End-of-life planning is essential, as it simplifies dealing with your medical care, personal assets, and other important decisions. No matter how old you are, having a Last Will validated provides an extra level of security for your family.

Various states regulate Last Will-related issues differently, so you should study the particular state in advance in order to prevent any mistakes. A Mississippi Last Will and Testament is a legal paper that serves to inform your relatives and inheritors about the type of property you wish to provide for each of the heirs.

You are not only allowed to express your wishes concerning sharing the property you possess among the closest relatives. In the state of Mississippi, the testator may also make a charitable gift, create a trust for a person, or designate a legal guardian for minor offsprings in their Last Will.

Make sure not to confuse the Last Will and the Living Will — the latter is created to instruct your agent and medical staff about the way you want to be treated when you become incapable of speaking for yourself. You also use the Living Will to state whether you wish to be artificially fed, attached to a ventilator, still sustained to medical treatment in case of severe pain, and other related matters. Organ donation will is also described therein.

To create an effective Last Will in Mississippi, the testator has to follow some rules and requirements.

  • You must be at least 18 years of age;

  • You must be mentally and psychologically capable of completing the form;

  • The paper, except some particular cases, has to be in writing;

  • The testator’s signature must be appended;

  • The paper has to be witnessed by two competent adults.

Once the paper is completed, witnessed, signed by the testator, and authenticated in a notary public, it should be proven in probate court. The executor is allowed to begin collecting property, paying off debts, and distributing assets afterward.

The Last Will can be modified at any time by codicil. In case the testator wishes to revoke the previously executed Last Will, they should either create a brand new one or officially cancel the document.

What happens when a person passes away without having the Last Will left? According to the laws of Mississippi, real estate, financial assets, and personal possessions will go to the surviving spouse. If the testator had children, the property will be divided among the children and the spouse.

However, there is some type of property that will not be inherited in the case of intestacy:

  • A share for one or more children born after the person’s death;

  • A share for the spouse excluded from the will;

  • Life insurance policy and retirement account proceeds;

  • Joint tenant property with right of survivorship.

Last Will Forms for Neighboring States