title: "Mississippi Affidavit of Heirship"
state: "MS"
date: "2026-04-07"
authority: "Miss. Code § 91-1-7"
AFFIDAVIT OF HEIRSHIP
State of Mississippi
> CRITICAL NOTICE: This Affidavit CANNOT be signed until at least THREE (3) YEARS AND NINETY (90) DAYS have passed since the date of the Decedent's death. If this time has not yet passed, you must either wait or file a Petition for Determination of Heirship in Chancery Court.
> AFFIANT ELIGIBILITY: This form MUST be completed by TWO (2) affiants. Neither affiant may be: (a) the living non-divorced spouse of the Decedent; (b) a natural or adopted child of the Decedent; or (c) any person with a financial interest in or standing to inherit from the Decedent's estate.
STATE OF MISSISSIPPI
COUNTY OF ___________________________
AFFIANT NO. 1
Full Legal Name: _______________________________________________
Current Address: _______________________________________________
City, State, Zip: _______________________________________________
Phone Number: _______________________________________________
Relationship to Decedent (must NOT be spouse or child):
_______________________________________________
Number of years personally acquainted with Decedent: _______
AFFIANT NO. 2
Full Legal Name: _______________________________________________
Current Address: _______________________________________________
City, State, Zip: _______________________________________________
Phone Number: _______________________________________________
Relationship to Decedent (must NOT be spouse or child):
_______________________________________________
Number of years personally acquainted with Decedent: _______
PART I — DECEDENT INFORMATION
Full Legal Name of Decedent: _______________________________________________
Date of Birth: _______________________________________________
Date of Death: _______________________________________________
(Must be at least 3 years and 90 days before the date this Affidavit is signed)
Place of Death (City, County, State): _______________________________________________
Last Known Residential Address: _______________________________________________
Social Security Number (last 4 digits only): XXX-XX-_____
Did Decedent die with a Will? [ ] YES [ ] NO
If YES — Was the Will probated in court? [ ] YES [ ] NO [ ] UNKNOWN
If the Will was probated, DO NOT use this Affidavit. Contact a Chancery Court attorney.
PART II — MARITAL HISTORY
Marriage 1:
Spouse's Full Name: _______________________________________________
Date of Marriage: _______________________________________________
How marriage ended: [ ] Death [ ] Divorce [ ] Still married at death
Date ended (if applicable): _______________________________________________
Children of this marriage: [ ] YES [ ] NO
Marriage 2 (if applicable):
Spouse's Full Name: _______________________________________________
Date of Marriage: _______________________________________________
How marriage ended: [ ] Death [ ] Divorce
Date ended: _______________________________________________
Children of this marriage: [ ] YES [ ] NO
Marriage 3 (if applicable):
Spouse's Full Name: _______________________________________________
Date of Marriage: _______________________________________________
How marriage ended: [ ] Death [ ] Divorce
Date ended: _______________________________________________
PART III — CHILDREN AND DESCENDANTS
List ALL children — natural, adopted, and any children born outside of marriage.
| # | Full Name | DOB | Alive? | Address | Relationship |
|---|---|---|---|---|---|
| 1 | [ ] Y [ ] N | ||||
| 2 | [ ] Y [ ] N | ||||
| 3 | [ ] Y [ ] N | ||||
| 4 | [ ] Y [ ] N | ||||
| 5 | [ ] Y [ ] N |
If any child is deceased, list their children (grandchildren of Decedent) on the reverse side.
Were there any children adopted by others and therefore NOT heirs? [ ] YES [ ] NO
If YES, provide name(s): _______________________________________________
PART IV — HEIRS AT LAW
(Under Miss. Code § 91-1-7 — complete only if Decedent left no surviving spouse or children)
Parents (if no children survive):
Father's Full Name: _______________________________________________ Living? [ ] YES [ ] NO
Mother's Full Name: _______________________________________________ Living? [ ] YES [ ] NO
Siblings (if no spouse, children, or parents survive):
| # | Full Name | Address | Alive? |
|---|---|---|---|
| 1 | [ ] Y [ ] N | ||
| 2 | [ ] Y [ ] N | ||
| 3 | [ ] Y [ ] N |
PART V — REAL PROPERTY SUBJECT TO THIS AFFIDAVIT
Property Address: _______________________________________________
City/County: _______________________________________________
Legal Description (from deed or tax records — attach copy if available):
_______________________________________________
_______________________________________________
_______________________________________________
Parcel/Tax ID Number: _______________________________________________
Current title held in name of: _______________________________________________
Are there any known liens, mortgages, or encumbrances? [ ] YES [ ] NO
If YES, describe: _______________________________________________
PART VI — DEBTS AND CLAIMS
To the best of the Affiants' knowledge:
Are there any outstanding debts owed by the Decedent's estate? [ ] YES [ ] NO
If YES, describe: _______________________________________________
Have all known debts and claims against the estate been paid or settled? [ ] YES [ ] NO [ ] UNKNOWN
Has any Executor, Administrator, or Personal Representative been appointed for this estate? [ ] YES [ ] NO
If YES, name and court: _______________________________________________
PART VII — AFFIANT STATEMENT
We, the undersigned Affiants, being of legal age and first duly sworn, state upon our personal knowledge:
- We were personally well acquainted with the above-named Decedent during his/her lifetime.
- We have personal knowledge of the Decedent's family history, heirs, and estate as set forth above.
- The Decedent died intestate (without a probated will), and no letters testamentary or of administration have been issued in this state, or if issued, such administration has been closed.
- The persons named above as heirs are, to the best of our knowledge, all of the heirs at law of the Decedent entitled to inherit the described real property under Miss. Code § 91-1-7.
- We make this Affidavit for the purpose of establishing the identity of the heirs of the Decedent and to facilitate the transfer or recording of title to the real property described herein.
- We understand that if we make false statements herein, we may be subject to criminal penalties under Mississippi law.
SIGNATURES
AFFIANT NO. 1
Signature: _______________________________________________
Printed Name: _______________________________________________
Date: _______________________________________________
AFFIANT NO. 2
Signature: _______________________________________________
Printed Name: _______________________________________________
Date: _______________________________________________
NOTARY ACKNOWLEDGMENT
STATE OF MISSISSIPPI
COUNTY OF ___________________________
Before me, the undersigned Notary Public, personally appeared the above-named Affiants, known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes stated herein, and upon oath stated that the contents of this Affidavit are true and correct to the best of their knowledge and belief.
Subscribed and sworn before me this _______ day of _______________, 20____.
Notary Public Signature: _______________________________________________
Printed Name: _______________________________________________
My Commission Expires: _______________________________________________
[NOTARY SEAL]
RECORDING INFORMATION
After signing and notarizing, this Affidavit should be recorded with the Chancery Clerk of the county where the property is located.
Recording fees vary by county (typically $10–$25 for first page + $2–$5 per additional page).
Authority: Miss. Code § 91-1-7; NLWA Affidavit of Heirship Form. Not legal advice.