2026 data Public-data reference. official source

Mississippi Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Mississippi (MS)

3.4/5 Friendliness No Estate/Inheritance Tax 0 0

State Estate Tax

No State Estate Tax

Only federal estate tax applies ($13,990,000 exemption per person in 2025)

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Mississippi

Probate Costs

Filing Fee $50–$300
Attorney Fee ~2.5% statutory
Executor Fee ~2.5%
Timeline 6–12 months
Small Estate Threshold $50,000

Small estate: $50,000 or less

Probate Code

Uniform Probate Code Not Adopted

Mississippi has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property No (Common Law)

Mississippi follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

3.4 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Mississippi.

Estate-tax exemption

None (federal only)

Only the federal $13.99M exemption applies in Mississippi.

Probate window

6-12 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — Mississippi 25.0%
National median

Statutory attorney fee approximately 2.5% of estate value, plus filing fees.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Mississippi probate timeline

Phase share of typical filing-to-distribution window — 6–12 months

Mississippi probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — Mississippi

IRS Statistics of Income data showing estate tax returns filed by Mississippi residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 42 $0.8B $0.1B
2022 33 $0.8B N/A
2021 22 $1.0B N/A

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Mississippi Estate Data Reveals

Mississippi imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of Mississippi estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 42 federal estate tax returns filed by Mississippi residents in the most recent available year (filing year 2023), reporting $0.77 billion in combined gross estate value. Net federal estate tax paid totaled $0.08 billion that year. Across the multi-year IRS SOI series above, Mississippi averages roughly 32 taxable filings per year, with an effective federal rate on reported gross estates of about 3.0%.

Probate itself typically runs 6–12 months in Mississippi (roughly 9 months on average), with court filing fees of $50–$300. Attorney compensation is set by statute at approximately 2.5% of the estate, which is a material fixed cost even for uncontested estates. Mississippi does offer a simplified small-estate track for estates under $50,000, which most families use to bypass full formal probate. Because Mississippi has not adopted the UPC, probate practice can vary materially by county and judicial district. As a common-law (separate property) state, Mississippi treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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Mississippi Estate Tax FAQs

Does Mississippi have an estate tax?

No. Mississippi does not have a state estate tax. Only the federal estate tax applies (currently $13,990,000 exemption per person in 2025). This makes Mississippi more favorable for estate planning compared to the 13 states that do impose a state estate tax.

Does Mississippi have an inheritance tax?

No. Mississippi does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in Mississippi?

Probate in Mississippi typically takes 6 to 12 months. Estates under $50,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Mississippi?

Court filing fees in Mississippi range from $50 to $300. Attorney fees are typically 2.5% of the estate value (statutory). Executor compensation is typically around 2.5% of the estate.

Can you avoid probate in Mississippi?

Yes. Common probate avoidance strategies in Mississippi include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Mississippi also offers a simplified process for small estates under $50,000.

How will the 2026 federal estate tax sunset affect Mississippi residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. While Mississippi has no state estate tax, the lower federal exemption means more estates will owe federal estate tax. This makes 2025 a critical window for estate planning.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page