Mississippi: Will Execution Requirements
The short answer
To sign a valid typed or printed will in Mississippi you must be at least 18 and of sound and disposing mind, put the will in writing, sign it (or have someone sign for you in your presence and at your express direction), and have two or more credible witnesses attest it in your presence. Notarization is not required. Mississippi also recognizes a handwritten will that is wholly written and signed in your own hand with no witnesses, and — in narrow last-illness circumstances — a spoken (nuncupative) will. It has no harmless-error rule and does not allow electronic wills, so follow the signing steps exactly.
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This is the general rule in Mississippi. Ezel applies current Mississippi law to your specific facts and answers with citations to the statutes.
| Governing law | Mississippi Code Title 91, Chapter 5 (Wills and Testaments). The single core execution statute is § 91-5-1; § 91-5-9 voids certain gifts to a witness, § 91-5-15 allows a narrow oral (nuncupative) will, and § 91-7-7 supplies the self-proving affidavit. Mississippi uses the common-law attested-will model and is NOT a notarial-will or electronic-wills state |
|---|---|
| Minimum age & capacity | Every person 18 or older 'being of sound and disposing mind' may make a will (§ 91-5-1). The statute sets the 'sound and disposing mind' standard; Mississippi case law fills it in — the testator must understand the nature of making a will, know the natural objects of their bounty (their heirs), and know the nature and extent of their property. Capacity is measured only at the moment of execution |
| Writing & signature | The will must be in writing and 'signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction' (§ 91-5-1). There is no statutory rule that an attested will be signed at the end (the 'subscribed' requirement applies to the wholly-handwritten form). Mississippi also recognizes a narrow oral (nuncupative) will made during a last sickness (§ 91-5-15) |
| Witnesses required | A will 'not wholly written and subscribed' by the testator 'shall be attested by two (2) or more credible witnesses in the presence of the testator' (§ 91-5-1). The witnesses must attest (sign) in the testator's presence; the statute does not require them to be present at the same time as each other. Interested witness: a gift to a subscribing witness is void only 'if the will cannot otherwise be proven,' and even then the witness keeps up to their intestate share (§ 91-5-9). A creditor may serve as a witness, but any will provision favoring that creditor's debt is void (§ 91-5-13) |
| Notarization & self-proving | Notarization is NOT required to sign a will — a notary is not a witness. A self-proving option exists under § 91-7-7: execution may be proved by affidavits of the subscribing witnesses, annexed to or made part of the will and stating each witness's address, and those affidavits 'may be signed at the time that the will is executed.' Without a self-proving affidavit, a subscribing witness generally must testify at probate |
| Handwritten (holographic) wills | Yes. A will 'wholly written and subscribed' in the testator's own hand needs no witnesses (§ 91-5-1) — Mississippi's holographic will is built into the main execution statute rather than a separate section. The entire will and the signature must be in the testator's handwriting; the statute states no date requirement |
| Electronic & remote wills | Not permitted. Mississippi has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 91-5-1 requires a physically signed writing attested in the testator's presence. Bills to authorize video-recorded wills (HB 1153 in 2025 and HB 400 in 2026) each died in committee. A will signed or witnessed only electronically is not valid |
| Harmless-error / curative doctrine | No. Mississippi has not adopted the Uniform Probate Code's harmless-error rule (§ 2-503) or any substantial-compliance cure. Section 91-5-1 states the attestation requirement in mandatory terms ('shall be attested by two (2) or more credible witnesses'), so a technical execution defect generally voids the will and cannot be excused by proof of intent |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law
Mississippi's will-execution rules are in the Mississippi Code, Title 91, Chapter 5
(Wills and Testaments). Unlike states that spread execution across several sections,
Mississippi packs the core rules into a single statute, § 91-5-1: who may make a will,
the signature, and the two-witness attestation. Nearby sections handle special
situations — § 91-5-9 (a gift to a witness), § 91-5-13 (a creditor as witness), and
§ 91-5-15 (a narrow oral will) — and § 91-7-7, in the probate chapter, provides the
self-proving affidavit. Mississippi uses the traditional common-law "attested will" and
is not a notarial-will or electronic-wills state.
Minimum age & capacity
Every "person eighteen (18) years of age or older, being of sound and disposing mind"
may make a Mississippi will (§ 91-5-1). A person under 18 cannot. The statute states the
"sound and disposing mind" standard; Mississippi courts define it in practical terms —
you must understand that you are making a will, know your natural heirs, and know the
nature and extent of your property. Capacity is judged only at the moment of signing, so
a will made during a lucid period is valid even if capacity later fails.
Writing & signature
A Mississippi will must be in writing and "signed by the testator or testatrix, or by
some other person in his or her presence and by his or her express direction"
(§ 91-5-1). If you cannot sign yourself, someone may sign for you, but only while you are
present and at your express direction. Mississippi does not impose a general
"signature-at-the-end" rule on an ordinary attested will (the word "subscribed" in the
statute applies to the wholly-handwritten form described below). Signing at the end
remains the safe practice.
Witnesses required
For the typed or printed will most people use, § 91-5-1 requires that the will "be
attested by two (2) or more credible witnesses in the presence of the testator." The
witnesses attest — in practice, sign — while you are present. Mississippi's statute does
not add a rule that the two witnesses be together at the same time, though having
everyone present together is the safe practice; Mississippi courts also read
"attestation" to require that the witnesses understand the document is your will
(publication), so it is wise to tell them.
Interested witnesses are handled gently. Under § 91-5-9, a gift to a subscribing witness
becomes void only "if the will cannot otherwise be proven" — that is, only if the
will's proof depends on that interested witness — and even then the witness keeps up to
the share they would have taken in intestacy. A creditor may serve as a competent
witness, but a will provision that favors that creditor's debt (admitting it, providing
for payment, or preferring it) is void (§ 91-5-13). The clean practice is still to use
two witnesses who inherit nothing and are owed nothing.
Notarization & self-proving
A Mississippi will does not have to be notarized — a notary is not one of the required
witnesses. What a notary supports is the self-proving affidavit under § 91-7-7. Execution
may be proved by affidavits of the subscribing witnesses, which may be annexed to or made
part of the will, must state each witness's address, and "may be signed at the time that
the will is executed." A self-proved will can be admitted without dragging the witnesses
into court. Without a self-proving affidavit, at least one subscribing witness generally
must testify (or, if none is available, the handwriting of the testator and witnesses
must be proven), which is exactly the delay a self-proving affidavit avoids.
Handwritten (holographic) wills
Mississippi recognizes a holographic will, and it lives inside the same core statute. A
will that is "wholly written and subscribed by" the testator needs no witnesses at all
(§ 91-5-1) — the two-witness requirement applies only when the will is not wholly in the
testator's hand. The whole will and the signature must be in your own handwriting; a
printed form with handwritten blanks does not qualify. The statute sets no date
requirement, but dating a handwritten will helps establish which of competing wills came
last.
Electronic & remote wills
Mississippi does not permit electronic wills. It has not enacted the Uniform Electronic
Wills Act or any electronic-wills statute, so § 91-5-1's requirement of a physically
signed writing attested in your presence still controls. The Legislature has considered
the idea and declined it: bills to authorize video-recorded wills died in committee in
both 2025 (HB 1153) and 2026 (HB 400). A will that exists only as a computer file, or is
"signed" by typing a name or witnessed only over video, is not a valid Mississippi will.
Harmless-error / curative doctrine
Mississippi has no harmless-error rule. It has not adopted the Uniform Probate Code's
§ 2-503 or any substantial-compliance cure, and § 91-5-1 states the attestation
requirement in mandatory terms — a will not wholly handwritten "shall be attested by two
(2) or more credible witnesses." A will with a witnessing or signature defect generally
cannot be saved by proving after the fact that you meant it as your will. Mississippi is
a strict-compliance state; the wholly-handwritten and narrow oral wills are separate
valid forms, not a way to cure a defective attested will.
What trips people up
Notarizing a will is not the same as witnessing it. Taking a typed will to a notary
does not satisfy § 91-5-1, which requires two credible witnesses. Notarization matters
only for the optional self-proving affidavit under § 91-7-7, attached to an
already-witnessed will.
Prove your will in advance with a self-proving affidavit. Mississippi does not force
witnesses to sign a self-proving affidavit, but skipping it is risky. If the witnesses
have died or cannot be found by the time of probate, proving the will can become a
fight — as Mississippi courts have shown, a will can fail for want of adequate proof of
its execution. Have the witnesses sign the § 91-7-7 affidavit at the signing.
A handwritten will must be entirely in your hand. Mississippi's holographic will
requires the whole document and the signature to be "wholly written and subscribed" by
you (§ 91-5-1). A store-bought or printed form filled in by hand is not a valid
holographic will; if it is not fully handwritten, it needs two witnesses.
An oral "deathbed" will almost never works. Section 91-5-15 allows a nuncupative
(spoken) will only in a last sickness, at home, and — above $100 in value — only if two
witnesses prove you called on someone present to bear witness that it was your will. It
is a narrow, easily-lost exception, not a substitute for a written will.
Common questions
Does my Mississippi will have to be notarized? No. Mississippi requires two credible
witnesses, not a notary (§ 91-5-1). Notarization only supports the optional self-proving
affidavit under § 91-7-7, which speeds up probate but never replaces the witnesses.
Can I handwrite my own will without witnesses? Yes, if it is entirely in your
handwriting. A will "wholly written and subscribed" by you needs no witnesses (§ 91-5-1).
If any part is typed or printed, you need two witnesses.
Can I sign my Mississippi will online or over video? No. Mississippi has not adopted
electronic wills, and bills to allow video-recorded wills died in committee in 2025 and
2026. A will must be a physical signed writing attested by two witnesses in your presence
(§ 91-5-1).
What happens if a beneficiary was one of my witnesses? The will still stands. Under
§ 91-5-9 the witness-beneficiary's gift is voided only if the will cannot be proven
without that witness, and even then the witness keeps up to their intestate share. Using
two disinterested witnesses avoids the question entirely.
Statutes and sources
- Miss. Code Ann. § 91-5-1 — core execution: age 18 and sound and disposing mind; signature (or signing at the testator's direction); attestation by two or more credible witnesses in the testator's presence; wholly-handwritten wills need no witnesses.
https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-1/ (accessed 2026-07-11) - Miss. Code Ann. § 91-5-9 — a gift to a subscribing witness is void only if the will cannot otherwise be proven, with the witness saved up to their intestate share.
https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-9/ (accessed 2026-07-11) - Miss. Code Ann. § 91-5-13 — a creditor may witness a will, but a provision favoring the creditor's debt is void.
https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-13/ (accessed 2026-07-11) - Miss. Code Ann. § 91-5-15 — narrow nuncupative (oral) will made in a last sickness; two-witness proof required above $100.
https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-15/ (accessed 2026-07-11) - Miss. Code Ann. § 91-7-7 — proof of due execution and the self-proving affidavit of the subscribing witnesses.
https://law.justia.com/codes/mississippi/title-91/chapter-7/section-91-7-7/ (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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