Detailed answer — how to confirm whether a bank account falls under the $20,000 small‑estate threshold

Short answer: You confirm whether an account is under the $20,000 threshold by identifying every asset that counts toward the small‑estate total, gathering current account balances or statements, and confirming how the bank treats the account (sole name, joint with right of survivorship, payable‑on‑death, etc.). If the decedent’s qualifying assets (not including excluded assets such as properly titled joint accounts or accounts with a named beneficiary) total at or below the limit you mention, you may be able to use Mississippi’s small‑estate affidavit instead of full probate. This is a general roadmap — confirm the current statutory limit and requirements with the county chancery clerk or an attorney before acting.

Step 1 — Know what counts toward the small‑estate total

Not every asset in the decedent’s name counts. Common inclusions and exclusions are:

• Included: bank and savings accounts held only in the decedent’s name, household goods and personal effects, and other personal property that must pass through the decedent’s estate.
• Excluded (usually): accounts that have a surviving joint owner with right of survivorship, accounts with a named payable‑on‑death (POD) beneficiary, life insurance proceeds payable to a beneficiary, and most retirement accounts that name a beneficiary. These typically pass outside probate and aren’t part of the small‑estate calculation.

Step 2 — Locate and document each account and asset

Collect as much documentation as you can for each suspected account:

• Recent bank statements (last 1–3 statements) or a current online balance screenshot.
• Account numbers, branch contact information, and the exact account title as it appears on bank records (e.g., “John Doe” vs. “John Doe and Jane Doe (JTWROS)”).
• Copies of beneficiary designations for POD, TOD, payable to, or trust accounts.

Step 3 — Contact the bank(s)

Call or visit the bank’s local branch and ask what documentation they require to release funds after a customer’s death and how they treat accounts with different title types. Typical requests from banks:

• Certified death certificate.
• Photo ID for the person claiming the funds.
• A copy of the small‑estate affidavit (if the bank accepts affidavits) or proof of court appointment if the estate requires probate.

Important: banks sometimes have internal thresholds (lower than the statutory small‑estate limit) for releasing funds without appointment by the court. Ask the bank if they will accept a small‑estate affidavit and whether their internal limit is $20,000 or something different.

Step 4 — Add up the qualifying assets

Use current balances and the list of assets that count (from Step 1) to calculate the estate’s total subject to the small‑estate rule. Round or use the most recent statement balances the bank will accept — ask the bank if they require a specific cutoff date for balances.

Step 5 — Confirm the statutory rules and get the right forms

Mississippi’s small‑estate procedures and required forms and affidavits are part of state probate law. For the most current statute text and any recent changes, check the Mississippi Code online and consult your county chancery or probate court. The Mississippi Legislature provides the state code here: Mississippi Code (official site). For local court contact and procedures, see the Mississippi judiciary site: Mississippi Courts.

Some practical notes:

• If the total qualifying personal property is at or below the applicable limit (the $20,000 figure you mentioned), you generally prepare the small‑estate affidavit, have it notarized, and present it to the bank with a certified copy of the death certificate and ID. The bank then may release funds to the affidavit claimant.
• If the bank refuses to accept an affidavit, or if the estate total exceeds the statutory threshold, you may need to open a formal probate matter in the chancery court.
• Even if the estate’s total is under the threshold, creditors’ rights and funeral expenses may affect distribution — the affidavit process typically allows certain deductions, but rules vary.

When to contact the county chancery clerk or an attorney

If you’re unsure how to classify an account (sole vs. joint vs. POD), if the bank’s internal rules conflict with the statute, or if multiple creditors or beneficiaries claim the same property, contact the county chancery clerk or an attorney. The clerk can often tell you whether the small‑estate affidavit is accepted locally and may provide the county’s required form or filing instructions.

Useful official contacts:

• Mississippi Code: https://www.legislature.ms.gov/mississippi-code/
• Mississippi Courts (chancery / probate information): https://courts.ms.gov/

Example (hypothetical)

Suppose a decedent had:

• Checking account A (sole name) — $8,500
• Savings account B (sole name) — $6,000
• Joint account C (JTWROS) — $15,000

When calculating eligibility for the small‑estate affidavit you would generally count only accounts A and B (sole‑name accounts): $8,500 + $6,000 = $14,500. The joint account C usually passes to the surviving joint owner and does not count toward the small‑estate total. If the statutory small‑estate limit you are working with is $20,000, the $14,500 total would be under that limit and you could proceed with the affidavit process — subject to the bank accepting the affidavit and any local court rules.

Helpful Hints

• Get multiple certified copies of the death certificate early — banks and other institutions usually require them.
• Ask each bank in writing what documentation they require to release funds and whether they accept the small‑estate affidavit; keep a copy of the bank’s written response.
• Verify account ownership language. Terms like “and” vs. “or” and explicit “JTWROS” (joint tenancy with right of survivorship) matter when deciding whether an asset is probate property.
• Don’t assume automatic transfer — just because a beneficiary is named doesn’t mean funds are immediately available without proof; banks will require paperwork.
• Some banks have internal cash‑release limits lower than the statutory limit; confirm the bank’s internal cutoff before relying on the affidavit.
• Keep a list of all possible assets (mail, preprinted statements, tax returns, Social Security direct deposit notices) — unexpected accounts sometimes appear in old statements or tax records.
• When in doubt, contact the county chancery clerk for guidance on local procedures and whether a small‑estate affidavit form is available for your county.
• Consider a short consult with a probate attorney if the estate has disputed ownership, mixed titles, or potential creditor claims — a lawyer can prevent costly mistakes.

Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice specific to your situation and confirmation of current Mississippi law and dollar limits, contact an attorney licensed in Mississippi or the county chancery clerk.