Estate Planning Attorney in Mississippi

Many people assume estate planning is only necessary for retirees or wealthy families. In reality, every adult can benefit from having a plan in place. The right estate plan gives you control over important decisions before a crisis occurs. 

A Mississippi estate planning lawyer can help you create a legally sound plan that provides clarity for your loved ones and helps avoid unnecessary disputes, delays, and expenses after your death or incapacity. 

At Harris Law Firm, PLLC, we understand that no two families are alike. Since 1981, we have helped Mississippi families navigate complex legal matters and make informed decisions about their futures. We take the time to understand your goals, explain your options in plain language, and develop personalized solutions that reflect your unique circumstances. 

When you work with our team, you receive direct attention, practical guidance, and legal strategies designed to protect the people and assets that matter most to you. 

Contact Harris Law Firm today to discuss your estate planning needs and learn how we can help you protect your legacy for future generations.

Estate Planning Vocabulary

Estate planning involves many legal terms. Familiarizing yourself with the following terms will help you to understand the estate planning process:.

Testator

A testator is the person who creates and signs a will. Under Mississippi law, a person must generally be at least 18 years old and of sound mind and understanding to make a valid will. The testator must also comply with Mississippi’s signing and witnessing requirements for the will to be legally enforceable.

Executor

The person named in a will to manage the estate after the testator dies is the executor. They are responsible for gathering assets, paying valid debts, communicating with beneficiaries, and distributing property in accordance with the will.  

Beneficiary

A beneficiary is a person, organization, or other entity that receives property through a will, trust, life insurance policy, retirement account, payable-on-death account, or other estate planning document. Beneficiaries may receive specific property, a percentage of an estate, or whatever remains after debts and expenses are paid.

Grantor

The grantor is the person who creates and funds a trust. They decide what property goes into the trust, who benefits from the trust, who manages it, and how distributions should be made. 

Trustee

The trustee is the person or institution responsible for managing trust property. They must follow the trust’s instructions, protect trust assets, keep accurate records, and act in the beneficiaries’ best interests. The trustee’s role may begin during the grantor’s lifetime or after the grantor’s death.

Fiduciary

The fiduciary is the person who has a legal duty to act in someone else’s best interests. Executors, trustees, agents under powers of attorney, and certain court-appointed representatives are fiduciaries. Their duties may include honesty, loyalty, careful management of assets, and the avoidance of conflicts of interest.

Intestate

When a Mississippi resident dies intestate, they die without a will. State law determines who inherits probate property. This means the decedent’s assets may pass based on family relationship rather than personal wishes.

Decedent

A decedent is the person who has died. In probate and estate administration, this term refers to the person whose property, debts, and legal affairs must be handled after death.

Codicil

A codicil is a legal document used to amend an existing will. A codicil can add, remove, or revise certain terms without replacing the entire will. However, it must generally be executed with the same formalities required for a valid will.

Probate

Probate is the court-supervised process of validating a will, appointing an executor or administrator, paying estate debts, and distributing probate assets. 

Other important terms include:

• Administrator—someone appointed by the court to manage and distribute an estate without a valid will;
• Advance healthcare directive—a document specifying medical treatment preferences in tcase of incapacity;
• Estate—all the property, assets, and debts a person owns when they die;
• Estate administration—the legal process of paying debts and distributing a decedent’s estate;
• Heir—someone legally entitled to inherit property;
• Irrevocable trust—a trust the grantor cannot alter or revoke once established;
• Living trust—a trust created during a person’s lifetime;
• Living will—a document that outlines medical treatment preferences in case of incapacity;
• Non-probate assets—assets that pass directly to beneficiaries outside of probate;
• Payable-on-death (POD) account—a bank account that transfers directly to a beneficiary upon the account holder’s death;
• Power of attorney—a legal document granting someone authority to make decisions on another’s behalf if they become incapacitated;
• Probate assets—assets that must go through probate to be distributed;
• Revocable trust—a trust that the grantor may modify or revoke;
• Testamentary trust—a trust created by a will, which only takes effect after the testator’s death; and
• Transfer-on-death (TOD) account—a financial account that automatically transfers on death outside of probate; and

By knowing what these terms mean, you can improve communication with your attorney and make informed decisions as you collaborate to create an estate plan that reflects your goals and priorities.

What Happens If You Die Without an Estate Plan?

Dying without an estate plan can leave many important decisions in the hands of Mississippi law rather than you. If you do not have a valid will or other estate planning documents, your loved ones may face a more complicated probate process, disputes over your assets, and uncertainty about your wishes. You also lose the opportunity to choose who will manage your estate, care for minor children, or receive specific property.

When a person dies without a valid will, they are considered to have died “intestate.” Mississippi’s intestate succession laws determine who inherits probate property based on a statutory order of priority. 

Under Mississippi law, assets generally pass to the children and spouse first:

• If there is a surviving spouse but no surviving children or descendants of deceased children, the surviving spouse generally inherits the estate;
• If the decedent is survived by a spouse and children (or descendants of deceased children), the estate is divided among them; and
• If there is no surviving spouse but there are surviving children, the children inherit the estate. 

If there is no spouse, children, or descendants of children, then the estate passes in equal parts to the decedent’s parents, siblings, and the descendants of deceased siblings. 

If there is no surviving spouse, children, descendants of children, parents, siblings, or descendants of siblings, the estate passes to grandparents, aunts, and uncles. If none of these relatives survives, the estate passes to the next of kin under Mississippi law.

If no legal heirs can be identified, the estate may ultimately pass to the State of Mississippi.

Although intestate succession provides a default method for distributing property, it does not account for personal relationships, family dynamics, charitable intentions, or individual preferences. Creating a comprehensive estate plan allows you, not the state, to decide who inherits your property, who administers your estate, and how your loved ones will be cared for after your death.

What Are the Types of Estate Planning Documents?

When considering an estate plan, start by realizing that every one is unique. Every family has its own goals and desires, and an estate plan should take this into account. Thus, while every estate plan differs, they tend to include some of the same documents.

Last Will and Testament

A last will and testament, or a “will,” is a legal document in which you determine how you want your property distributed when you die. If you die without a will in Mississippi, your assets will still pass on to your loved ones.

However, you will not get a say in who is first in line to inherit or how the court divides up your assets. Instead, your state’s default rules, called intestacy laws, will make those decisions. These laws predetermine who receives what, based solely on their relationship to you.

Additionally, when you create a will, you can also name a guardian for any minor children, avoiding the need for guardianship proceedings.

Trusts

At its most basic level, a trust is a relationship between three parties: the person who creates the trust (the grantor), the person who manages the trust (the trustee), and the people for whom the trust was established (beneficiaries).

Trusts are an integral part of most estate plans, as they offer a wide range of benefits depending on a family’s needs.

Trusts generally fall into one of two categories: revocable and irrevocable trusts.

A revocable trust allows you to maintain control of your assets and modify or revoke it during your lifetime, making it a flexible option for many families. 

An irrevocable trust, on the other hand, generally cannot be changed once it is established. Although it offers less flexibility, it may provide greater protection against creditors, potential tax advantages, and other long-term estate planning benefits. 

What Are Common Mississippi Power of Attorney Documents?

A power of attorney is a legal document that, once executed, grants another person the ability to make important decisions on your behalf. In the estate planning context, powers of attorney play an important role in incapacity planning.

Examples include:

• Durable power of attorney. A durable power of attorney remains effective even if you become incapacitated. This document often grants authority to manage bank accounts, pay bills, oversee investments, handle real estate transactions, and conduct other financial activities.
• Springing power of attorney. A springing power of attorney becomes effective only after a specified event occurs, such as a determination of incapacity.  
• Healthcare power of attorney. A healthcare power of attorney authorizes an agent to make medical decisions if you cannot communicate your wishes. The agent may discuss treatment options with healthcare providers and make decisions regarding medical care.
• Financial power of attorney. A financial power of attorney focuses specifically on financial matters. Depending on the language used in the document, the agent may manage investments, conduct banking transactions, pay taxes, operate a business, and perform other financial responsibilities.

Selecting the appropriate Mississippi power of attorney documents can help protect your interests and provide your family with clear guidance during difficult circumstances.

Living Wills

A living will, a type of advance healthcare directive, provides instructions on medical care if you become incapacitated and cannot communicate your wishes. It may address:

• Life-sustaining treatment, 
• Resuscitation, 
• Pain management, 
• Artificial nutrition and hydration, and
• Organ donation preferences.

A Mississippi living will lets you detail your healthcare choices in advance and relieves loved ones from making difficult medical decisions.

Beneficiary Designations

Beneficiary designations play a significant role in many estate plans because they determine who receives certain assets when the account owner dies. These designations often control asset distribution regardless of what a will says.

Common assets that pass through beneficiary designations include:

• Life insurance policies,
• Retirement accounts,
• Individual Retirement Accounts (IRAs),
• 401(k) plans,
• Payable-on-death (POD) bank accounts, and
• Transfer-on-death (TOD) accounts.

It is important to review beneficiary designations regularly. Marriage, divorce, births, deaths, and other major life events may necessitate updates. An outdated beneficiary designation can result in assets passing to unintended recipients.

What Is Probate?

Probate is the legal process by which a judge validates a decedent’s will and distributes their assets. An estate must go through probate regardless of whether the deceased has a will—unless all of their assets are in accounts that transfer upon death.

Before your heirs receive any inheritance, the executor must gather all estate assets, determine the value of the estate, and pay off all estate debts. Often, probate is both time-consuming and expensive.

What Are Common Probate Disputes?

Even when a person leaves a will, disagreements can arise during probate. These disputes can delay estate administration, increase costs, and create conflict among family members:

Will contests. Family members may challenge a will by claiming it was improperly executed or does not reflect the decedent’s true wishes.

• Executor disputes. Beneficiaries sometimes disagree with how an executor manages estate assets, pays debts, or distributes property.
• Beneficiary disagreements. Disputes may arise when heirs believe distributions are unfair or inconsistent with the decedent’s intentions.
• Undue influence claims. These claims allege that someone pressured or manipulated the deceased into changing their estate plan.
• Capacity challenges. Family members may argue that the decedent lacked the mental capacity necessary to execute a valid will or trust.

Careful estate planning and properly drafted documents can reduce the likelihood of these disputes.

What Assets Are Not Subject to Probate?

Not every asset passes through probate. Non-probate assets transfer directly to beneficiaries or surviving owners according to ownership documents and beneficiary designations.

Common non-probate assets include:

• Property held in joint tenancy with rights of survivorship,
• Payable-on-death bank accounts,
• Transfer-on-death accounts,
• Life insurance proceeds with named beneficiaries,
• Retirement accounts with designated beneficiaries, and
• Assets owned by a trust.

Using non-probate assets strategically can simplify estate administration and reduce the burden placed on surviving family members.

What Are the Benefits of a Trust?

Trusts are among the most flexible estate planning tools available. Many Mississippi families incorporate trusts into their estate plans because they offer advantages that a will alone cannot provide.

Avoid Probate

One of the primary reasons people create trusts is to avoid probate. Assets held in a properly funded trust generally pass directly to beneficiaries without going through the court-supervised probate process. This can save time, reduce expenses, and simplify the transfer of property after death.

Privacy

Probate proceedings become part of the public record. In contrast, trusts generally remain private. This means details about your assets, beneficiaries, and distribution plans are not typically available to the public.

Asset Protection

Certain trusts can protect assets from creditors, lawsuits, and other financial risks. While not every trust provides asset protection, some trust structures can help preserve wealth for future generations.

Control over Distribution

A trust allows you to determine how and when beneficiaries receive assets. Rather than distributing an inheritance all at once, you can establish conditions, age requirements, or staggered distributions.

Special Needs Planning

Families caring for a loved one with disabilities often use trusts to provide financial support while protecting eligibility for government benefits. A properly structured trust can help ensure ongoing care without disrupting important assistance programs.

How Do Mississippi Estate Tax Laws Affect Your Estate?

Many families are concerned that taxes will reduce the value of assets passed to future generations. But, Mississippi does not currently impose a state estate tax or inheritance tax.

However, federal estate tax laws may still affect larger estates. For individuals who die in 2026, the federal estate tax generally applies only to taxable estates that exceed the $15 million federal exclusion amount, although that amount is subject to future inflation adjustments. 

How Long Does Probate Take in Mississippi?

The length of probate varies depending on the size and complexity of the estate. Some estates can be administered within several months, while others may take a year or longer.

Factors that commonly extend probate include:

• Will contests,
• Family disputes,
• Complex assets,
• Real estate transfers,
• Unresolved creditor claims,
• Missing beneficiaries, and
• Tax issues.

Mississippi also allows certain smaller estates to qualify for simplified procedures. Estates valued at $75,000 or less may qualify for Mississippi’s small-estate exemption, which can shorten the administration process.

When Should I Hire an Estate Planning Attorney 

Everyone will die someday—this is an unavoidable fact. Although you may not want to think about the end of your life, it is crucial to do so before it’s too late. It is never too early to start thinking about your estate plan. Circumstances that may warrant implementing or updating your estate plan include:

• Birthing a child,
• Getting married, 
• Getting divorced,
• Purchasing real estate,
• Purchasing an expensive asset,
• Inheriting money, or
• Retiring from your job.

A legal professional can draft your estate plan and ensure the documents are legally binding and enforceable. 

FAQ

Does Mississippi Have an Estate Tax?

No. Mississippi does not impose a state estate tax or inheritance tax. However, federal estate taxes may apply to very large estates that exceed the federal exemption amount.

What Happens If I Die Without a Will in Mississippi?

If you die without a will, Mississippi intestate succession laws determine who inherits your property. Assets generally pass to a surviving spouse, children, parents, siblings, or other relatives according to the statutory order of inheritance.

Do I Need Both a Will and a Trust?

Not every person needs both documents. A will is the foundation of most estate plans, while a trust can provide additional benefits such as probate avoidance, privacy, and greater control over asset distribution. An attorney can help determine which tools best fit your circumstances.

How Much Does an Estate Plan Cost?

The cost of an estate plan depends on its complexity. A simple plan may involve only a will, powers of attorney, and healthcare directives, while more sophisticated plans may include multiple trusts and advanced tax-planning strategies.

When Should I Update My Estate Plan?

You should review your estate plan whenever significant life events occur, including marriage, divorce, the birth of a child, major financial changes, retirement, or the death of a beneficiary or fiduciary. 

Many attorneys also recommend reviewing estate plans every few years to ensure they remain current.

Contact an Estate & Probate Lawyer at Harris Law Firm Today to Discuss Your Case

Without guidance, your loved ones may encounter issues satisfying your estate’s debts or making end-of-life decisions. An estate planning lawyer can help you develop an estate plan that protects your assets and informs your family members on how to proceed after your death.

Otherwise, your property may end up in the hands of someone who does not deserve to have it. An estate planning attorney can draft your estate plan to give you ultimate authority over the disposition of your assets.

The Harris Law Firm, PLLC, has prioritized the needs of our clients since we opened in 1981. You can rest assured that your estate plan is in the hands of knowledgeable, experienced legal professionals. 

We approach each client with compassion and patience. A team member will meet with you to discuss the specifics of your estate and end-of-life wishes. Contact us today so we can begin your estate planning journey.