Mississippi: Every Legal, Medical, and Estate Planning Document You Need

Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Mississippi. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution

February 2, 2021

If you or a loved one lives in Mississippi, there are a number of important forms, documents, resources, and specific state laws you should be aware of. Whether you are handling a guardianship of an elderly person, or just want to know how probate court or inheritance law works, continue reading for some of the more important documents and laws you should know about.

Essential Medical State Laws & Forms: Mississippi

How to Get Your Medical Records in Mississippi

Mississippi law (Section 41-9-69) requires hospitals to keep medical records for at least seven years after a patient’s death. After a patient is discharged they will keep the records for 10 years. Healthcare providers are also required to retain X-rays and images for at least four years.

In Mississippi you have a right to access and view your medical records. You also have a right to amend and add information to your medical records. However, depending on the nature of the medical records, certain information may not be eligible for amendment. Speak with your healthcare provider regarding amendments. Fees vary from office to office.

The Mississippi legislature has enacted Section 11-1-52 which limits the fees that can be charged to obtain your medical records. The language from the statute states the following as it relates to medical records:

  • $20 for pages 1-20
  • $1 per page for the next (80) pages
  • $0.50 per page for all pages thereafter
  • 10% of the total charge may be added for postage and handling
  • $15 may be recovered by the medical provider or hospital or nursing home or other medical facility for retrieving medical records in archives at a location off the premises where the facility/office is located.” 

Mississippi Advance Directive Forms & Laws

How to Create a Living Will in Mississippi

The Mississippi living will form is available here. This form has additional documents related to creating a medical POA, or medical proxy, and organ donation. In order for the will to be effective it must be signed by two witnesses or notarized.

Mississippi Do Not Resuscitate Order (DNR)

DNRs are allowed in Mississippi. DNRs are governed by section 41-41-301 – 41-41-303. Download a standard DNR form here. A patient or their representative and their physician or medical provider are required to sign the form in order for it to be valid.  

Durable Medical Power of Attorney (POA)

This form is available in Mississippi and allows you to name another person to be your agent. This agent will have the ability to make medical decisions for you. This is also available in this form that can establish your living will. In order for the form to be valid, two witnesses must be present or it must be notarized.

Mississippi Organ Donor Registry

If you want to be an organ donor in Mississippi, you can learn more and register at the MORA registry website. This is also available in a section of the previously mentioned advanced directive packet.

Essential Mississippi Legal & Estate Planning Documents & Forms

Mississippi Trusts and Probate Laws

According to Title 91, most estates in Mississippi will have to go through the probate process. A revocable living trust is one way to avoid going through the probate process. Additionally, an executor may file an affidavit for a small estate if the value of the estate does not exceed $50,000.

If the value of the estate is less than $10,000, a request can be made to a probate judge to transfer the property.

Mississippi Digital Estate Planning Laws

Mississippi recently incorporated digital estate planning laws in 2017. The new statute provides information on how to properly manage and protect digital estates and their assets.

Mississippi Probate Laws

If a person’s estate is intestate because they die without a will, it will be distributed through Mississippi’s intestacy laws. This is a process that involves distributing assets to the closest relatives.

Intestacy succession laws are available here, as well as in Title 91

How to Get a Marriage, Birth, and Death Certificate in Mississippi

Mississippi has collected the information on how to obtain each of these vital records in one webpage, available here. These forms can also be ordered online.

  • Marriage certificate: The cost to acquire a marriage certificate is $17. Additional copies are $6
  • Birth certificate: The cost to acquire a birth certificate is $17. Additional copies are $6
  • Death certificate: The cost to acquire a death certificate is $17. Additional copies are $6

Does Mississippi Have an Estate & Inheritance Tax?

  • Estate tax: There is no estate tax in Mississippi
  • Inheritance tax: There are no inheritance taxes in Mississippi
  • Gift tax: There are no gift taxes in Mississippi

Be aware that you may still be responsible for federal taxes on an inheritance.

Everything You Need to Know About Estate Planning in Mississippi

Mississippi has a number of unique state laws when it comes to your medical records, inheritance taxes, wills, trusts, and estate planning. Navigate the strict probate process and lax estate tax with confidence with your customized and organized Pillar account. You can scan, store, and share your most important state documents when you need them with Pillar's secure and easy-to-use online storage tool for you and your family.

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