Understanding What to List on a Mississippi Small Estate Affidavit

Short answer: Only list assets that are owned solely by the decedent and that the Mississippi small-estate affidavit statute allows the affidavit to collect. Do not list property that passes automatically to someone else by title or beneficiary designation (for example, joint accounts with rights of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, life insurance with a named beneficiary, or trusts). When you list an asset, give a clear description and a reasonable current value. Do not put “0” or leave fields blank for assets that the decedent owned and that actually have value.

Why the correct listing matters

Mississippi’s small‑estate affidavit process is a simplified way to collect certain personal property of a deceased person without full probate. Using the affidavit improperly (for example, failing to disclose assets that belong to the estate, or claiming assets that do not belong to the decedent’s estate) can create liability for whoever signs the affidavit. Accurate, honest listing reduces the risk of creditor or heir disputes and makes institutions more likely to release assets smoothly.

Basic Mississippi law overview and where to check

Mississippi statutes set the types of assets that may be collected and place limits on value and procedure. Always check the current Mississippi statutes or court rules before preparing an affidavit: official Mississippi legislative resources are available at https://www.legislature.ms.gov/ and the state courts site at https://courts.ms.gov/. If you are unsure whether an item should be listed, confirm by reviewing the statute that authorizes collection by affidavit or by consulting an attorney.

Which assets to list (general rules)

List assets titled only in the decedent’s name:
These typically include a bank account in the decedent’s sole name, vehicles titled only in the decedent’s name, personal property (furniture, jewelry, collectibles) owned solely by the decedent, and some pensions or accounts that do not have beneficiary designations. Provide account numbers, vehicle VINs, and clear descriptions.
Do not list assets that pass automatically by title or beneficiary designation:
Common examples: joint tenants with right of survivorship (JTWROS), bank accounts or securities with POD/TOD/designated beneficiaries, life insurance policies naming a beneficiary other than the estate, and assets held in a living trust. Institutions will generally look to title and beneficiary designation to determine ownership, regardless of what the affidavit says.
Do not list real estate unless the statute allows it:
Many small‑estate affidavit procedures apply only to personal property, not real property. If the decedent owned real estate, check Mississippi law before attempting to use a small‑estate affidavit to transfer title to land.
List assets payable to the estate or without a named beneficiary:
If a life insurance policy, retirement account, or other asset is payable to the estate (or has no beneficiary and is therefore payable to the estate), it is usually part of the probate estate and should be listed when the affidavit form asks about such assets.
Include aggregated household items if allowed:
Some affidavits allow you to group household goods (furniture, appliances) and give a total value instead of listing each item separately. When you aggregate, be sure the total is accurate and defensible.

When to put a zero, leave a field blank, or indicate “unknown”

Put “0” only when the asset has been verified to have no value. For example, an account with a verified zero balance or a vehicle that has been scrapped and properly documented.
Do not put “0” for assets you have not checked. If you haven’t verified the balance or value, use language the form accepts (for example, “unknown” or “value unknown”) or obtain statements before completing the affidavit.
Leave blanks only where the affidavit form authorizes it. Many court/institution forms require explanations rather than blank spaces. Leaving required information blank can delay processing or expose you to claims of misrepresentation.

How to determine value

Use most recent account statements for bank or brokerage accounts.
Use Kelley Blue Book or similar vehicle valuation guides for cars; indicate whether value is private‑party or trade‑in.
For household goods and personal effects, use a reasonable fair market estimate or aggregate with a conservative total; keep receipts or appraisals for higher‑value items.
When in doubt about an asset’s value (e.g., antiques, collectibles), obtain a professional appraisal before filling in a specific number.

Practical checklist before preparing an affidavit

Gather titles, deeds, account statements, policy declarations, and beneficiary forms.
Check whether accounts are joint, have POD/TOD designations, or list beneficiaries.
Confirm whether the small‑estate affidavit procedure in Mississippi applies to the assets you wish to collect (personal property only vs. real property limits).
Estimate or obtain valuations and keep documentation for each item you list.
Check for outstanding debts that might affect distribution.
Consider contacting the paying institutions (banks, DMV, life insurer) to find out what documentation they require and whether they accept a small‑estate affidavit.

Common examples

Bank account in decedent’s sole name with $3,200. List the account and value; include account number and bank name.
Life insurance naming the decedent’s sibling as beneficiary. Do not list this as an estate asset (it passes to the named beneficiary), but be prepared to show the insurer’s policy and beneficiary page if asked.
Vehicle titled only in decedent’s name with market value of $6,500. List the vehicle with VIN and an estimated fair market value.
Brokerage account with POD to adult child. Do not include the account as an estate asset — the child can claim it via the institution’s beneficiary procedures.

When to get help from an attorney

If the estate includes complicated assets (business interests, property in another state, disputes among heirs, unclear ownership, potential creditors), or if you are unsure whether Mississippi’s small‑estate procedure applies, consult a licensed Mississippi attorney. An attorney can confirm whether the small‑estate affidavit is appropriate, help identify assets that must be listed, and reduce your personal exposure to liability.

Helpful links

Mississippi Legislature (statutes and code search): https://www.legislature.ms.gov/
Mississippi Courts (information and forms): https://courts.ms.gov/

Helpful Hints

Start by making a full inventory of the decedent’s accounts, titles, and beneficiary designations.
Contact banks and institutions early — they can say whether they accept the small‑estate affidavit and what proof they require.
Keep documentation for each value you state: statements, appraisals, bills of sale, or valuation printouts.
If an asset’s status is unclear, label its value as “unknown” on the affidavit until you can verify it; do not guess values.
Do not include real estate unless the Mississippi procedure explicitly allows it; transferring land usually requires formal probate or a separate process.
Be truthful. Intentionally misstating assets can expose you to legal claims or criminal penalties.
When an item is obviously of negligible or zero value, document why you put “0” (for example, bank statement showing $0 balance).