Free Mississippi Affidavit of Heirship Form

Understanding the Mississippi Affidavit of Heirship Form

In the event of death, family members have to pay up the estate and transfer property. Probate is time-consuming and costly, and therefore heirs seek alternatives. In some states, heirs can administrate property using the Mississippi Affidavit of Heirship Form and other small-estate processes without full probate. Personal property and real estate are, however, different in the rules applied to them.

What Is an Affidavit of Heirship Form in Mississippi?

The affidavit of heirship form is a document of an oath naming who will inherit and what the heirs are. The law in this state gives heirs the right to utilise an affidavit for personal property in case the estate is small. Real estate differs, though, as heirs then require probate procedures, like a muniment of title, as a private affidavit cannot transfer legal title.

Small Estate Affidavit – Miss. Code Ann. § 91-7-322

• Heirs can use a small-estate affidavit for personal property if:

  • The total estate value is $75,000 or less, excluding liens.

  • At least 30 days have passed since death.

  • No probate has been opened, and no personal representative has been appointed.

  • The person presenting the affidavit is a rightful successor, such as a spouse, child, or parent.

Effect: Once submitted with a certified death certificate, banks, stockbrokers, and other institutions must release assets. These institutions are fully discharged from liability once they act on the affidavit.

For example, in Jackson, an heir could use this affidavit to close a bank account or transfer vehicle ownership without going through the chancery court.

Real Estate Transfers – No Direct Heirship Affidavit

Mississippi has no statute authorising real estate to pass by affidavit. A sample affidavit of heirship may be filed in the county land records but has no assurance of marketable title. Probate procedures could be necessary to clear title to title companies or even an intended purchaser in the future.

Families who intend to sell property in Gulfport or Biloxi city are typically not able to simply use an affidavit; they require the court to participate to facilitate the receipt of adequate title.

Muniment of Title for Real Estate

When the decedent has a will that conveys real property, the heirs may request a Muniment of Title in the chancery court. This procedure can be used when the personal property of the decedent is less than 75,000 and no debts are outstanding.

• Requirements include:

  • Filing the will and petition with the court.

  • Providing proof of debt settlement.

  • Including a certified death certificate and full legal description of the property.

The court, upon approval, puts up an order that has to be registered in the land records. This order serves as evidence of transfer of ownership, and it makes the heirs able to sell or administer the property.

When an Affidavit Can Help

• An affidavit can still be useful, although it can never transfer real estate:

  • Writing the estate file on family history.

  • Supporting probate filings in chancery court.

  • Helping title insurers appraise enrolment records.

  • Making it clear in situations where there are many heirs.

For example, in Hattiesburg, an heir can provide a private affidavit with other probate documents to bolster the chain of inheritance.

Steps to Complete a Mississippi Affidavit of Heirship Form

• 1. Verify Eligibility – Personal property may be valued by the estate at no more than $75,000.

  2. Gather Information – Provide the name of heirs, information about the deceased and a list of assets.

  3. Notarise the Affidavit – They must swear the document before a notary public.

  4. Attach the Death Certificate – A copy of the Death Certificate has to be included in the affidavit.

  5. Present the Affidavit – Send a copy of it to banks or the DMV or other institutions to free money.

  6. Consider Probate for Real Estate – Where the property is land or houses, use a Muniment of Title, or probate

Common Questions

1. Can this affidavit transfer a house in Mississippi?
No, real estate requires a court order such as a muniment of title.

2. How soon after death can the affidavit be used?
At least 30 days must pass.

3. What if the estate is larger than $75,000?
Full probate is required through the chancery court.

4. Can a sample affidavit of heirship be recorded for land?
Yes, but it does not replace probate or guarantee a clear title.

To have a ready-to-use and legally compliant Mississippi Affidavit of Heirship Form template, you can prepare and download one at our website. The form has been conceptualised to suit the needs of the state and helps a family easily and legally settle the estate.