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A Mississippi Last Will and Testament is a legally enforced document that allows an individual, referred to as a Testator, to declare wishes over their estate and declare their beneficiaries. In Mississippi, these documents are governed by Mississippi Title Code 91 which states that Testators must be at least 18 years old, and be of sound mind to legally create one of these documents. Furthermore, the Code requires the Testator to sign the will in the presence of two witnesses. This code also grants the type of wills that a Testator may and may not use. In addition to the standard form of will, Mississippi will allow both Oral and Handwritten Wills. Mississippi will recognize Handwritten Wills, formally known as Nuncupative Wills, if the document is clearly intended to be a will, and it is wholly written and signed by the Testator. The state will also recognize Oral Wills, formally known as Nuncupative Wills, however, these wills must be made at the time of the last illness of the Testator and must be made either at his or her home, or the location where he or she resided 10 days prior to death. Furthermore, these wills may not delegate more than $100, and must be proved by two witnesses.
Completing a last will and testament in Mississippi is a fairly simple process, yet a process that requires attention to detail. Detail is important when creating this type of document because the Testator will not be around to clear any miscommunications. When creating a last will and testament, the first thing that a Testator should do is provide their full name and complete address. Next, the Testator must then appoint an Executor. The Executor is the individual charged with the task of carrying out the responsibilities of the will. Next, the Testator will detail what will happen with his or her various assets and who the beneficiaries will be. If assets or property go to charity, this will be described here as well. Once the document has been completed and the Testator has recorded all of his or her wishes, all necessary signatures will finalize the document and it may then take effect.