• Maximum Estate Value: $75,000^[1]
• Mandatory Waiting Period: 30 days^[2]
• Where to File: Filing not required in Mississippi.

An Affidavit of Small Estate can be used to claim personal property left by the decedent so long as the estate satisfies the following requirements^[3]:

• The decedent has been deceased for at least thirty 30 days.
• The total value of the decedent’s assets is not greater than $75,000, excluding all liens and encumbrances.
• A personal representative has not been designated by the court, and no application or petition for appointment is pending.

The person who drafts the affidavit (“affiant”) must be a successor to the property they intend to collect. The order of succession is as follows^[4]:

1. The surviving spouse;
2. If no surviving spouse, then the decedent’s children;
3. If no surviving spouse or children, then the decedent’s grandchildren; or
4. If no surviving spouse, children, or grandchildren, then either of the decedent’s parents or any sibling.

The affiant must complete the Affidavit of Small Estate and sign the form in the presence of a notary public. If there are multiple successors, an affidavit must be signed and notarized by each additional individual.

Ownership of a vehicle may be transferred by filing an Affidavit of Heirship for Motor Vehicle with the local County Tax Collector.^[5]

When presented with the affidavit, the individual or institution holding the asset must transfer the property or payment to the affiant.