Petition to Probate a Will Requirements in Mississippi

At a glance

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.