Mississippi

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

91-5-1, et seq.

Operative Facts

1. Must ba en adult or emancipated minor
2. must be made in writing
3. document must be dated
4. document must be signed by principal
5. document must be signed by 2 adult witnesses, at least one of whom is not related to principal
6. document must be acknowledged by notary public

Age of Testator

18 years or older and of sound and disposing mind

Number of Witnesses Required

Attested to by two or more credible witnesses in testators presence

Oral Will Recognition

Must be made in time of last illness of the deceased at his habitation or where he resided for 10 days prior to death (except when taken sick and dies from home before return to habitation). Value bequeathed cannot exceed $100 unless it be proved by two witnesses that testator(trix) called on some person present to take notice or bear testimony that such is his/her will. Will not received to probate after 6 months unless reduced to writing within 6 days after speaking the same.

Holographic Will Recognition

Must be testementary in character, wholly written, dated, and signed by testator(trix).