What the rule says
Mississippi provides two pathways to a valid will under Miss. Code Ann. § 91-5-1:
Attested wills
A valid Mississippi attested will requires:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills
A Mississippi holographic will is valid if:
1. Entirely in the testator's handwriting. 2. Signed by the testator.
Mississippi's holographic requirements are similar to Kentucky and other Southern states — entire substantive document must be handwritten.
Self-proving affidavits
Under Miss. Code Ann. § 91-5-1, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For a Mississippi attested will:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
For a Mississippi holographic will:
- Write the entire substantive document in the testator's handwriting. - Sign the document.
Who this affects most
Mississippi's two-pathway framework provides flexibility through both attested and holographic options.