Mississippi: Petition to Probate a Will Requirements

Requirements one by one

Court, venue, and who may file

Mississippi uses the Chancery Court. Section 91-7-1 starts with the county of
the testator's fixed residence. If there was no fixed residence and the will
devises land, venue lies where any part of that land is located. If there was
no fixed residence and the will disposes only of personal property, venue lies
in the death county or a county containing some of the property.

The person offering the will need not be the nominated executor. Section
91-7-3 permits any person interested in the will to propound it. The nominee's
separate statutory entitlement concerns who receives letters.

Petition and will documents

Mississippi's statewide statutes do not provide a comprehensive petition-fact
checklist. The binding statewide rules do provide two direct filing commands:
UCCR 2.01 requires the petition to be filed before presentation to the
chancellor, and UCCR 6.15 requires a copy of the will as an exhibit to every
probate petition.

The ordinary route also places the original with the clerk. Section 91-7-31
requires the original to remain in that office after probate, and UCCR 9.03
keeps original wills in the clerk's safe or vault unless the chancellor orders
their removal.

Proof of the will

For an attested will, Miss. Code Ann. §§ 91-7-7 through -10 ordinarily use at
least one living, competent subscribing witness. If no subscribing witness can
be produced, the court may use proof of the testator's and subscribing
witnesses' handwriting. A subscribing-witness affidavit can replace personal
attendance when the matter is uncontested.

An out-of-state or missing witness has a separate statutory route. Miss. Code
Ann. §§ 91-7-11 and -13 permit a deposition, or an affidavit when there is no
contest, and require probate testimony to be written and preserved. The clerk
may send the original after making and filing a certified copy, or send a
certified photostatic copy while keeping the original.

Notice, objections, and finality

Mississippi separates probate without advance notice from an upfront
joined-party proceeding. Under § 91-7-19, the proponent may initially make all
interested people parties; those parties are concluded by the probate. A
written pre-probate objection under § 91-7-21 prevents probate without notice
to the objector and creates a will-validity issue.

If the will is probated without notice, § 91-7-23 gives an interested person
two years to contest, with stated disability and concealed-fraud exceptions.
That contest period is not a deadline for initially offering the will.

Executor, oath, bond, and letters

The named executor is entitled to letters if legally qualified. Section
91-7-35 disqualifies a person who is under 18, of unsound mind, or convicted of
a felony. Before letters issue, Miss. Code Ann. §§ 91-7-41 and -45 require the
statutory oath and ordinarily a bond equal to the full estate value.

A will can waive bond, but the waiver is not absolute. Section 91-7-45 lets the
court or clerk require bond at appointment or later when there is reason to do
so.

What trips people up

The 40-day rule is not a universal probate deadline. Section 91-7-39 uses
40 days after death as an appointment consequence for nominated executors who
willfully fail to exhibit the will. It permits administration with the will
annexed after the statutory conditions and process; it does not say every
interested person loses the ability to propound the will on day 41.

No-notice probate is not immediately final against everyone. The two-year
contest period follows probate without notice. Joining interested people at
the outset changes who is bound by the initial probate.

A will's bond waiver does not remove the court's power. The court or clerk
may still require bond, and failure to provide a required bond can cost the
executor the appointment.

Common questions

Does the original will stay in the clerk's office?

Yes. After probate, § 91-7-31 requires the original to remain with the clerk.
UCCR 9.03 requires secure storage and allows removal only by a chancellor's
order.

What happens to testimony used to prove the will?

Section 91-7-13 requires probate testimony to be reduced to writing, filed,
and carefully preserved in the clerk's office.

Can the probated will be recorded in another Mississippi county?

Yes. Section 91-7-31 permits an authenticated copy to be recorded in any
county in the state; the original stays with the court that proved it.

Statutes and sources

• Miss. Code Ann. §§ 91-7-1 to -13 — venue, interested-person filing,
  compelled production, attested and holographic proof, absent-witness routes,
  and written preservation of testimony. Official Code release-78 Title 91
  text,
  accessed 2026-08-08.
• Miss. Code Ann. §§ 91-7-19, -21, and -23 — joined-party probate,
  pre-probate caveat, notice to the objector, and the two-year no-notice contest
  period. Official Code release-78 Title 91
  text,
  accessed 2026-08-08.
• Miss. Code Ann. §§ 91-7-31, -35, -39, -41, and -45 — original-will
  custody, executor qualification and delay, letters, oath, bond, and will
  waiver. Official Code release-78 Title 91
  text,
  accessed 2026-08-08.
• Mississippi Uniform Chancery Court Rules 2.01, 6.15, and 9.03 — file
  before presentation, attach a will copy to the petition, and secure the
  original with the clerk. Official current rules
  PDF,
  accessed 2026-08-08.