How to Change Your Last Name in Mississippi: Petition and Hearing

How to change your last name in Mississippi depends on why you’re changing it. If you just got married or divorced, your marriage certificate or divorce decree is enough to update your records at government agencies. For any other reason, you’ll need to file a petition in the chancery court of the county where you live and get a judge’s order.

After Marriage or Divorce

Most people changing a last name in Mississippi are doing it because they married. You don’t need a court petition. Take your marriage certificate to the Social Security Administration, then the Department of Public Safety, and so on down the list. The same works if you want to hyphenate.

If you’re going back to a former name after a divorce, ask the court to include the name restoration in your divorce decree. That decree then functions the way a court-ordered name change does. If your divorce is already final and the decree said nothing about your name, you’re back to the petition route below.

Who Can Petition the Court

Mississippi requires petitioners to be at least 21. Mississippi Code defines a “minor” as anyone under 21,1Justia Law. Mississippi Code 1-3-27 – Minor and the Mississippi Supreme Court has held that the name-change statute’s grant of jurisdiction over petitions by “any person” means adults, refusing a petition even where a 16-year-old had both parents’ support.2The Advocate. Transgender Teen Can’t Legally Change Name Until Age 21, Mississippi Supreme Court Rules This is higher than most states, so an 18-, 19-, or 20-year-old who could petition on their own elsewhere cannot here.

You also have to be a Mississippi resident and file in the chancery court of the county where you live.3Justia Law. Mississippi Code 93-17-1 – Jurisdiction to Alter Names and Legitimize Offspring The statute sets no minimum residency period, but a judge will deny a petition filed to defraud creditors or dodge legal obligations.

Preparing the Petition

The petition is a formal document that states your current legal name, the name you want, and why. Mississippi has no single statewide form, but two organizations provide free automated versions: the Mississippi Access to Justice Commission’s form tool4Mississippi Access to Justice Commission. Free Legal Forms and the ACLU of Mississippi, which offers separate forms for first-name and surname changes.5ACLU of Mississippi. Identity Document Resources

Along with the petition, gather:

  • A certified copy of your birth certificate (not a photocopy), marked as “Exhibit A” and attached to the petition6ACLU of Mississippi. How to Change Your Last Name in Mississippi
  • A government-issued photo ID
  • A completed civil case filing cover sheet, with the name change indicated under the “Probate” column7Mississippi Courts. Civil Case Filing Form

Sign the petition in front of a notary. Most Chancery Clerk’s offices keep a notary on staff.

Filing and Fees

Take everything to the Chancery Court Clerk in your county. Filing is typically done in person. The fee runs about $148 to $150 depending on the county, so call ahead to confirm the amount and what payment methods they accept.8Jackson County, Mississippi. Chancery Court Fees

If you can’t afford the fee, Mississippi lets you file an affidavit swearing that poverty prevents you from paying court costs, which allows the case to move forward without prepayment. This is called filing in forma pauperis.6ACLU of Mississippi. How to Change Your Last Name in Mississippi The clerk will assign a case number and give you back file-stamped copies.

The Hearing and Your Court Order

The court will set a hearing after you file. You may receive a notice by mail, or the clerk may tell you to call in for a date. A chancery judge reviews the petition and will usually ask you to explain your reasons. It’s brief when the paperwork is clean and no one objects.

The judge will grant the petition if the change has a legitimate purpose and isn’t intended to defraud anyone. Once granted, ask the clerk for at least five certified copies of the order. You’ll need them for Social Security, the Department of Public Safety, the passport office, banks, and other institutions. Some agencies return the certified copy after processing; others keep it, and you don’t want to be stuck waiting on a single copy before you can move to the next update.

Changing a Minor’s Last Name

Because “minor” means under 21 in Mississippi, a parent or guardian files the petition on the child’s behalf, in the chancery court of the county where the child lives. The same civil cover sheet and filing fee (about $150) apply, and you’ll need a consent form if both parents are involved.9National Center for Transgender Equality. Name Changes for Minors in Mississippi

The court decides under a best-interests-of-the-child standard. Judges may weigh the child’s own preference (given their age), how long the child has used the current name, difficulties tied to the current or proposed name, and the parents’ motives. Letters from teachers, family, or healthcare providers can help.9National Center for Transgender Equality. Name Changes for Minors in Mississippi

Updating Your Social Security Card

Go to Social Security first. Every other agency keys off your Social Security record, so this needs to be done before anything else. Start at ssa.gov, which will walk you through a questionnaire to see whether you can finish online or need to visit an office.10Social Security Administration. U.S. Citizen – Adult Name Change on Social Security Card

If you have to go in person, fill out Form SS-5 and bring it to a local SSA office with your court order or marriage certificate and a proof-of-identity document such as a current driver’s license, state ID, or U.S. passport.11Social Security Administration. Application for a Social Security Card – Form SS-5 Everything must be original or certified. The new card typically arrives within two weeks. Wait at least 48 hours after applying before you head to the DPS so the records have time to catch up.

Updating Your Mississippi Driver’s License

After Social Security is updated, visit a Mississippi Department of Public Safety office in person. DPS accepts a marriage license, divorce decree, adoption order, or court order as the name-change document.12Mississippi Department of Public Safety. What Do I Need to Change My Name on My DL or ID Bring that, your current license, your updated Social Security card, and two proofs of Mississippi residency such as utility bills or bank statements.

Updating Your Passport

Which form you use depends on how recent your passport is:

Credit Reports and Financial Accounts

Updating your name with the three credit bureaus is easy to forget, and a mismatch between your credit file and your new legal name can cause trouble when you apply for a loan or credit card. Contact Equifax, Experian, and TransUnion separately; updating one doesn’t touch the others. For Equifax, the fastest route is the myEquifax Dispute Center, where you upload a supporting document (court order, updated driver’s license, or new Social Security card) and request the correction. Allow up to 30 calendar days.15Equifax. How to Change Your Name on Your Equifax Credit Report Experian and TransUnion have similar online dispute processes.

For bank accounts, most institutions want an in-person visit or phone call plus your updated government ID and your legal name-change document. Some also want your new Social Security card, which is one more reason to update Social Security first. The same set of documents works for investment accounts, credit cards, auto loans, and mortgage servicers.

Other Records Worth Updating

A few items that tend to slip past people:

  • Tax records: the IRS receives your name change from the SSA automatically in most cases. Just make sure the name on your next tax return matches your Social Security record.
  • Voter registration: update through your county circuit clerk or the Mississippi Secretary of State’s website.
  • Employer and payroll: give HR a copy of your new Social Security card so your W-2 is issued correctly.
  • Insurance policies: health, auto, homeowner’s, and life insurance all need your legal name to process claims.
  • Professional licenses: contact the relevant Mississippi licensing board. Healthcare providers should also update their National Provider Identifier through NPPES.

Work through these in order: Social Security, driver’s license, passport, then everything else. Each step produces an updated document the next agency wants to see, so the sequence saves you trips.