The part that trips people up most: a signed paper saying who gets what after death does not avoid probate, and it does not control every asset a person owns. A last will and testament is a legal document that says who should receive your property, who should handle your estate, and, if needed, who should serve as guardian for minor children after you die. It only speaks at death, and it generally covers assets owned in your name alone that do not already pass by beneficiary form, joint ownership, or a trust.

Practically, a will is the instruction sheet for the court and the family. Without one, state intestacy laws decide who inherits, which can produce results the deceased never wanted. A solid will should name an executor, clearly identify gifts, and be signed the right way. In Mississippi, a will generally must be signed by the person making it and witnessed by two credible witnesses under Mississippi Code Section 91-5-1 (2024).

For an injury claim, a will can matter if the injured person dies before a personal injury claim or settlement is finished. The will may help determine who has authority to open the estate and act through the executor, but it does not replace the need for court appointment. It also does not control some wrongful death proceeds, which may pass under separate Mississippi law to statutory beneficiaries rather than through the estate.