How does a person make a will?

To make out a will in Mississippi, you need to follow certain legal requirements. While it is recommended to consult with an attorney for assistance in creating a will, here is a general outline of the process:

  1. Determine your assets and beneficiaries: Start by making a list of your assets, including real estate, financial accounts, investments, personal property, and any other valuable possessions. Next, decide who you want to be the beneficiaries of your estate. These can be individuals, organizations, or even charities.
  2. Choose an executor: Select someone you trust to carry out the instructions in your will and handle the administration of your estate. This person, also known as the executor or personal representative, will be responsible for settling your affairs after your passing.
  3. Draft the will: While it’s possible to create a handwritten will (holographic will) in Mississippi, it is generally not recommended and there are strict requirements regarding these wills. Because of this make sure you use a typed will.
  4. Include essential information: Ensure your will includes the following information:
    • Your full name and address
    • A statement that this document is your last will and testament
    • Revocation of any previous wills
    • Appointment of an executor
    • Detailed instructions on asset distribution
    • Guardianship provisions for minor children, if applicable
    • Signatures of the testator (the person making the will) and witnesses
  5. Witnesses and notarization: In Mississippi, two witnesses must sign your will. They must be adults (18 years or older) who are not beneficiaries or spouses of beneficiaries named in the will. Consider having your will notarized as well, although it is not a strict legal requirement in Mississippi, it can help in the probate process.
  6. Store your will: Keep your will in a safe place where it can be easily accessed after your passing. Inform your executor or a trusted family member where the will is located.
  7. Review and update periodically: It is advisable to review your will periodically, especially after major life events such as marriage, divorce, the birth of children, or significant changes in your assets. Update it as necessary to reflect your current wishes.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.