A will is the most fundamental estate planning document you can have. It specifies how your assets are to be distributed after your death, names the person responsible for carrying out your wishes, and if you have minor children, designates who will raise them if you are no longer able to. Without a valid will, Mississippi law makes those decisions for you, and the result may not be what you would have chosen. At Tollison & Webb P.A., we draft wills for individuals and families throughout North Mississippi, from straightforward documents for young families to more detailed instruments for clients with specific distribution goals.

What a Will Does

A properly drafted will accomplishes several important things. It designates the beneficiaries who will receive your assets and specifies what each person receives. It names an executor, the person responsible for managing your estate through the probate process, paying debts, and distributing assets to beneficiaries. If you have minor children, it names a guardian to care for them if both parents are deceased. It can also express your wishes regarding burial and funeral arrangements, though these provisions are not legally binding on your executor.

A will does not govern all of your assets. Assets held in joint tenancy, accounts with designated beneficiaries such as life insurance policies and retirement accounts, and assets held in trust pass outside of probate regardless of what your will says. We advise clients on how their will works alongside these other instruments to ensure the full picture of their estate plan reflects their intentions.

What Happens Without a Will in Mississippi

If you die without a valid will in Mississippi, your estate passes under the state’s intestacy laws. These laws distribute assets according to a fixed formula based on family relationships, regardless of your actual wishes. Your spouse does not automatically receive everything. If you have children, your spouse and children share the estate. If you have no spouse or children, your parents, siblings, and more distant relatives may inherit. A partner who was never legally married to you receives nothing. Stepchildren who were never legally adopted receive nothing. Close friends receive nothing. Only a will gives you control over who receives what.

Types of Wills in Mississippi

Formal Attested Will

A formal attested will is the most reliable type of will in Mississippi. It is a written document signed by the testator in the presence of at least two witnesses who also sign the will. When properly executed, a formal attested will is significantly less susceptible to challenge than other types. We draft and supervise the execution of formal attested wills for all of our estate planning clients.

Holographic Will

Mississippi recognizes holographic wills, meaning wills that are entirely handwritten and signed by the testator without witnesses. While a holographic will is legally valid if it meets the requirements, it is more susceptible to challenges regarding authenticity, capacity, and interpretation than a formally drafted and witnessed will. We generally recommend a formal attested will for clients who want maximum legal certainty.

Self-Proving Will

A self-proving will includes a notarized affidavit signed by the testator and witnesses at the time of execution, which allows the will to be admitted to probate without requiring the witnesses to appear in court to verify their signatures. This simplifies the probate process and is the standard we use when drafting wills for our clients.

Updating Your Will

A will should be reviewed and updated whenever your circumstances change significantly. Marriage, divorce, the birth of a child or grandchild, the death of a beneficiary or named executor, a significant change in assets, or a change in your wishes about distribution are all reasons to revisit your will. An outdated will can produce unintended results, including leaving assets to an ex-spouse, failing to provide for a new child, or naming an executor who is no longer appropriate or available. We advise clients on when updates are needed and prepare amended wills and codicils efficiently.

Frequently Asked Questions

What makes a will valid in Mississippi?

A formal will in Mississippi must be in writing, signed by the testator, and witnessed by at least two people who sign the will in the testator’s presence. The testator must be at least 18 years old and of sound mind at the time of signing. A holographic will must be entirely in the testator’s own handwriting and signed, but does not require witnesses. We ensure all wills we prepare meet Mississippi’s execution requirements.

Can I disinherit a spouse or child in Mississippi?

You can disinherit a child in Mississippi, though it is best practice to acknowledge the child in the will rather than simply omitting them, which can raise questions about whether the omission was intentional. Disinheriting a spouse is more complicated. Mississippi law gives a surviving spouse the right to elect against the will and take a statutory share of the estate regardless of what the will says. We advise clients on these limitations when drafting wills that involve complex family situations.

Does a will avoid probate?

No. A will must go through the probate process to be given legal effect. Probate is the court-supervised process of validating the will, paying debts, and distributing assets. If avoiding probate is a priority, a revocable living trust may be a better vehicle for certain assets. We advise clients on the tradeoffs between a will-based estate plan and a trust-based plan based on their specific circumstances.

What is an executor and how do I choose one?

An executor is the person named in your will to administer your estate after your death. Their responsibilities include filing the will with the court, inventorying assets, paying debts and taxes, and distributing assets to beneficiaries. Choose someone who is organized, trustworthy, and willing to take on the responsibility. It is also wise to name an alternate executor in case your first choice is unable or unwilling to serve when the time comes.

Can I write my own will without an attorney?

Mississippi law does not require an attorney to draft a will, and a holographic will requires no witnesses or professional involvement. However, wills drafted without legal guidance are more likely to contain errors, ambiguous language, or execution defects that can lead to disputes or unintended outcomes. The cost of having a will properly drafted is small compared to the cost of the problems a defective will can create for your family.

Contact an Estate Planning Attorney in North Mississippi

If you need a will drafted or updated, contact Tollison & Webb P.A. to schedule a consultation. We help individuals and families throughout North Mississippi put the right documents in place.

Call (662) 234-7070 or contact us online.