Free Mississippi Postnuptial Agreement Template

A Mississippi postnuptial agreement is a written contract spouses sign after the wedding about property and what happens at death or divorce. Mississippi’s estate code sets default rules that shape what a postnup needs to address.

A Surviving Spouse Can Renounce the Will

When a spouse’s will doesn’t make satisfactory provision for the survivor, the survivor may renounce it. The survivor must file the renunciation in the office where the will was probated, within 90 days after probate (Miss. Code § 91-5-25). The statute even supplies the wording, a short statement renouncing the will’s provision and electing the legal share instead.

What Renouncing Gets the Survivor

After renouncing, the survivor takes the share they would have received if the spouse had died without a will. There’s a cap, though: even with no children or descendants, a renouncing survivor gets only one-half of the real and personal estate (same section).

It Applies Only When There’s a Will

This section comes into play when a spouse makes a will that doesn’t satisfactorily provide for the survivor. So your Mississippi postnuptial agreement and each spouse’s will should be read together.

The Rule Runs Both Ways

The statute applies equally to husbands and wives, with the same timing, manner, and effect.

It can record your intentions, but the statute doesn’t say how. Section 91-5-25 sets the renunciation right and its 90-day window, and it doesn’t describe a procedure for giving that right up in advance.

For that reason, if your Mississippi postnuptial agreement is meant to affect what a surviving spouse can claim, have a Mississippi attorney review the wording. Clear terms, full disclosure, and independent advice all help show what each spouse understood.

Because the statute is short, preparation carries more weight. Prepare a Mississippi postnuptial agreement with these steps:

1. Describe current wills. Note what each spouse’s will provides for the other.
2. State your intentions at death. Say what each spouse expects to receive or give up.
3. Trade financial details. Both spouses list what they own, owe, and earn.
4. Get independent legal advice, especially on estate terms.
5. Execute the final version. Both spouses sign and date one copy.
6. Keep it with your wills, so executors can find both documents.

Useful terms include:

• Estate intentions — what each spouse plans to leave the other
• Renunciation terms — how you intend to treat the right to renounce
• Property schedules — separate and shared assets
• Disclosure — each spouse’s finances, attached
• Signatures — both spouses, with dates