🌿 How to Set Up a Trust in Mississippi (2025 Guide)

Mississippi families are turning to living trusts as a simple way to avoid probate, protect their homes, and pass down assets β€” without needing to go through court. This guide will walk you through the legal process of setting up a trust in Mississippi without spending thousands on legal fees.

10/21/20252 min read

🌿 How to Set Up a Trust in Mississippi (2025 Guide)

Mississippi families are turning to living trusts as a simple way to avoid probate, protect their homes, and pass down assets β€” without needing to go through court.

This guide will walk you through the legal process of setting up a trust in Mississippi without spending thousands on legal fees.

πŸ” What Is a Trust?

A trust is a legal entity that holds property for the benefit of others. You (the grantor) create it, a trustee manages it, and your chosen beneficiaries receive your assets when you pass.

The most common trust in Mississippi is the Revocable Living Trust, which:

  • Avoids Mississippi probate

  • Keeps your estate private

  • Gives you control while alive

  • Ensures smooth transfer of assets when you pass

  • Prepares for incapacity or long-term illness

πŸ“ How to Set Up a Trust in Mississippi

1. Choose Your Trust Type

Start with a Revocable Living Trust β€” it’s:

  • Valid under Mississippi law

  • Flexible while you’re alive

  • Fully compatible with real estate and personal property in MS

Optional add-ons:
☐ Minor’s Trust
☐ Special Needs Trust
☐ Spendthrift Trust
☐ Dynasty Trust

βœ… TrustGenie includes these options for free.

2. Assign the Key Roles

☐ Grantor – You, the person creating the trust
☐ Trustee – Usually you, while you’re alive
☐ Successor Trustee – Takes over if you pass or become incapacitated
☐ Beneficiaries – People or causes who will inherit your assets

3. Inventory and List Your Assets

Include:

  • Mississippi homes, land, and rental properties

  • Bank accounts and brokerage accounts

  • Small businesses or LLCs

  • Vehicles, firearms, collectibles

  • Digital assets (e.g., crypto, websites, online accounts)

βœ… TrustGenie includes Schedule A and personal property assignment templates.

4. Sign and Notarize the Trust

Mississippi requires your trust to be in writing and signed. Notarization is Required for legal validity.

βœ… TrustGenie walks you through the notarization step by step.

5. Fund the Trust

This is the most important step β€” without it, your trust doesn’t work.

☐ Transfer real estate using a Quitclaim or Warranty Deed
☐ Retitle financial accounts to the trust
☐ Assign personal property using a General Assignment
☐ Optionally update life insurance and retirement account beneficiaries

🚨 Unfunded trusts still go through probate.

⚠️ Common Mistakes in Mississippi

❌ Creating the trust but not funding it
❌ Leaving out non-Mississippi assets
❌ Using outdated or non-compliant templates
❌ Forgetting to include alternate beneficiaries
❌ Not telling your Successor Trustee about the trust

πŸ’° How Much Does a Trust Cost in Mississippi?

Method Cost Range Attorney$2,000 – $5,000+ Online Template$100 – $300 TrustGenie$150/year (all-in-one)

βœ… Includes all MS-specific deed templates, forms, and support.

🧠 Do You Need a Lawyer to Create a Trust in Mississippi?

No. Under Mississippi law, you can create your own trust if you:

  • Are mentally competent

  • Put it in writing

  • Name a trustee and beneficiaries

  • Sign and fund it

βœ… TrustGenie helps you legally create and execute your trust without a lawyer.

πŸ“Ž Free Download: Mississippi Trust Setup Checklist
πŸ“₯ [Download the MS Checklist] (Already available in plain text)

βœ… Ready to Take Control of Your Legacy?

Families across Mississippi use TrustGenie to create secure, legal trusts and avoid probate β€” without breaking the bank.

πŸ‘‰ [Create Your Mississippi Trust – $150/year]

πŸ”— Related Articles:

  • [Avoiding Probate in Mississippi]

  • [How to Transfer Property into a Trust in MS]

  • [What Happens If You Die Without a Trust in Mississippi?]

✍️ Written by:
TrustGenie Legal Team
Helping Magnolia State families protect their wealth and legacy affordably.