Detailed Answer
Locating and verifying an original will or codicil is critical before you open probate in Mississippi. State law guides where wills may be kept and how to confirm their authenticity.
1. Search the Chancery Clerk’s Records
Under Miss. Code Ann. § 91-7-27 et seq., a testator may deposit an original will or codicil for safekeeping with the chancery clerk in the county of residence. To search:
- Contact the clerk in the county where the decedent lived.
- Provide the decedent’s full name and date of birth.
- Pay any required search fee.
- Review clerk’s certificate indicating whether an instrument is on file.
See Miss. Code Ann. § 91-7-27 (safekeeping of wills) at https://www.mslegislature.gov/statutes/91/007-7-27.
2. Use the Secretary of State’s Will Registry
The Mississippi Secretary of State operates a statewide registry. If the testator registered a will, you can:
- Submit a written request via the online form.
- Provide a certified copy of the decedent’s death certificate.
- Receive a registry report indicating location or surrender status.
Learn more at the Secretary of State’s safekeeping page: https://www.sos.ms.gov/what-we-do/safekeeping-of-wills.
3. Check Personal Records and Safety Deposit Boxes
- Review the decedent’s home for secure storage areas (lockbox, safe).
- Contact banks or trust companies for any safety deposit box rentals.
- Ask close family or the decedent’s attorney about the will’s whereabouts.
4. Verify Authenticity of the Document
Once you locate a will or codicil, confirm that it meets Mississippi’s formal requirements:
- The document bears the testator’s original signature.
- It is signed by at least two competent witnesses in the testator’s presence. See Miss. Code Ann. § 91-5-5 at https://www.mslegislature.gov/statutes/91/005-5-5.
- The date on the will or codicil is after any earlier will you possess.
If the original is lost, you may prove its contents by testimony and secondary evidence under Miss. Code Ann. § 91-7-205 (proof of lost will). Link: https://www.mslegislature.gov/statutes/91/007-7-205.
Helpful Hints
- Keep thorough notes of all searches, including dates and whom you spoke with.
- Obtain certified copies of any document you find to preserve the original.
- Act quickly: some clerks charge higher fees for search requests after long delays.
- If you struggle to locate a will, consider a lost-will petition with the chancery court.
- Consult a probate attorney if you find multiple versions or unclear codicils.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation before opening probate.