Detailed Answer
Under Mississippi law, a valid will must meet strict execution requirements. The Mississippi Code Annotated § 91-1-15 states that a will must be in writing, signed by the testator (the person making the will), and attested by two credible witnesses. Notarization is optional and does not substitute for witness signatures. Without the signatures of two attesting witnesses, a document cannot be admitted to probate as a will.
If you possess a handwritten or typed document that expresses the testator’s intent but lacks witness signatures, the probate court will deem it invalid. Mississippi does not recognize holographic (entirely handwritten) wills without witnesses.
However, if the original will has been lost, destroyed, or cannot be produced but you know its contents, you may petition the chancery court under § 91-7-3 to admit a copy or testimony of its contents. That process nonetheless requires proof of due execution, including witness testimony, and usually applies when the original cannot be found, not when it never existed.
In rare cases where one or both witnesses are deceased or cannot be located, you may still attempt to admit the will by presenting other admissible evidence under § 91-7-3. You would need credible testimony about the testator’s signing and the witnesses’ presence. But if there are zero witness signatures, courts will generally refuse probate.
Given these limitations, the practical path is to draft a new, properly executed will. Have two disinterested adults sign as witnesses before the testator and date it. This ensures compliance with § 91-1-15 and smooth admission to probate.
Relevant Statutes
- Mississippi Code Annotated § 91-1-15: Execution of Wills — https://law.justia.com/codes/mississippi/2013/title-91/chapter-1/section-91-1-15/
- Mississippi Code Annotated § 91-7-3: Lost Wills — https://law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-3/
Helpful Hints
- Always use two qualified witnesses who are not beneficiaries.
- Confirm the witnesses observe the testator signing or acknowledge their signature.
- Consider a self-proving affidavit before a notary to speed up probate.
- Keep the original will in a safe location, such as with your attorney or a safe deposit box.
- Review and update your will every few years or after major life changes.
Disclaimer: This article provides general information about Mississippi probate law. It does not constitute legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.