Mississippi Small Estate Affidavit Checker

$75,000, and land is never on the list

Confirmed current: Miss. Code §91-7-322 covers "tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action" — land is not on that list. The affidavit can close a bank account or retitle a car, but it cannot put a house in anyone's name at any value.

A 2025 push to raise the cap died in committee

House Bill 164 (2025) proposed raising the threshold from $75,000 to $100,000, but it died in committee on February 4, 2025 — the threshold remains $75,000, so treat any $100,000 figure online with caution.

Muniment of Title is Mississippi's actual house-clearing tool

Under Miss. Code §91-5-35, Muniment of Title is a Chancery Court order that admits a will only to pass title to Mississippi real property — with no executor appointed and no full administration. It's available once all known debts are paid and the rest of the estate fits within the small-estate cap.

A TOD deed carries a lingering creditor window

Mississippi enacted Transfer on Death deeds effective July 1, 2020 — but a recorded TOD deed still carries a creditor exposure window of roughly 3 years plus 90 days after death, worth knowing before treating it as an immediate, clean transfer.

A common myth, corrected

Mississippi does not have dower and curtesy, despite what some guides claim — the surviving spouse's intestate share is instead a child's part, a fraction that changes depending on how many children there are.

Mississippi small estate — frequently asked questions

What is Mississippi's small estate affidavit threshold?

$75,000, effective July 1, 2020 under Senate Bill 2850 — a 2025 bill that would have raised it to $100,000 died in committee, so $75,000 remains current.

Can the Mississippi affidavit transfer a house?

No — Miss. Code §91-7-322 covers tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action. Land is not on that list, at any value.

What is Muniment of Title, and how does it move a house?

A Chancery Court order under Miss. Code §91-5-35 that admits a will only to pass title to Mississippi real property, with no executor appointed and no full administration — available once all known debts are paid and the rest of the estate fits within the small-estate cap.

Does Mississippi recognize Transfer on Death deeds?

Yes, enacted effective July 1, 2020 — but a recorded TOD deed still carries a creditor exposure window of roughly 3 years plus 90 days after death.

Does Mississippi still have dower and curtesy?

No — despite a common misconception, Mississippi does not have dower and curtesy; the surviving spouse's intestate share is instead a child's part that varies with the number of children.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Miss. Code §91-7-322, 91-5-35. Actual eligibility depends on the estate's full facts. Confirm with the Chancery Court or a licensed Mississippi attorney before acting.