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Legacy Guard

Mississippi

Estate planning basics in Mississippi

Mississippi has no state estate tax, has no inheritance tax, is not a community property state, and allows a transfer on death deed for real estate. The details are below, in plain words, as Legacy Guard shows them to families in Mississippi.

Estate planning facts for Mississippi
Estate taxNone
Inheritance taxNone
Community propertyNo. Mississippi is not a community property state.
Small estate limitAffidavit for personal property up to $75,000, 30 days after death.
Transfer on death deedYes. Mississippi allows a transfer on death deed for real estate (since 2020).
ProbateMississippi probate goes through the chancery court and takes at least three months after notice to creditors, usually with an attorney. A living trust is commonly used to avoid it.
HomesteadMississippi's homestead exemption lowers property tax on an owner-occupied home with a full exemption on the first $75,000 of value for owners 65 and over or disabled, and protects $75,000 of equity from creditors.
VehiclesNo beneficiary designation on a vehicle title. A vehicle passes through the estate or by affidavit of heirship with the county tax collector when there is no probate.
Last reviewedOctober 21, 2026

State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.

What this means for your plan

  • Mississippi has no state estate tax, so only the federal exemption of $15 million per person (2026) applies. Most families will not owe federal estate tax, but a plan still decides who gets what and how smoothly.
  • A transfer on death deed can pass your home to a named person without probate. It does not replace a trust, and it needs to be coordinated with one, but it is a simple tool worth asking about.
  • Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.

Questions about Mississippi

Does Mississippi have an estate tax?
No. Mississippi has no state estate tax. The federal estate tax exemption is $15 million per person for 2026.
Does Mississippi have an inheritance tax?
No. Mississippi does not tax what an heir receives.
Is Mississippi a community property state?
No. Mississippi is a common law property state. Mississippi probate goes through the chancery court and takes at least three months after notice to creditors, usually with an attorney. A living trust is commonly used to avoid it.
Does Mississippi allow a transfer on death deed for real estate?
Yes. Mississippi allows a transfer on death deed for real estate (since 2020).
What is the small estate limit in Mississippi?
Affidavit for personal property up to $75,000, 30 days after death.

Find a Legacy Guard firm in Mississippi

Families join Legacy Guard through their estate planning attorney. Tell us your state and we will point you to a firm, or send your attorney our way.

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A plan that stays current in any state

Legacy Guard brings your plan back for a 25 minute review every year and flags a move to another state with that state's rules.