Change Your Name in Mississippi

Are you a resident in the state of Mississippi who wants to change your name because you are recently married or divorced or for other personal reasons? Changing your name is an easy procedure in which you fill out a Petition for Change of Name and file it with the Chancery Court of the county in which you live.

Steps

Preparing to Change Your Name

  1. Be aware that the legal name change is simple in cases of marriage or divorce. Changing your name in the case of marriage or divorce is possible when you obtain a marriage license or divorce decree that clearly indicates the old and new names on the form. Nothing else is required to legally change your name, and the certified marriage license or divorce decree can be used to notify other parties and agencies of your name change. If this applies to you, you may skip to Part 3.[1]
    • Name changes due to marriages and divorce make up the majority of name changes in the United States.
    • Make sure you have certified copies (i.e., NOT photocopies) of your marriage license or divorce decree. These will be needed to notify other public and private institutions of your name change.[2]
  2. Meet the requirements. Note that for an official name change to be granted by the Chancery Court in your county, the Court must find the reason for the change satisfactory and also consider it consistent with public interest. Commonly accepted reasons include name changes upon marriages or divorces.[3]
    • In general, however, any lawful reason that does not violate any state laws or infringe upon the rights of anyone else typically satisfies most courts, whether that reason be for religious, personal or social reasons. [4]
    • There are cases in which name changes are not allowed. For example, individuals who seek to change their name to avoid legal actions or judgements against them or to avoid fulfilling debts and other obligations are not permitted to change their names. In addition, name changes are not allowed for the purposes of defrauding others.
  3. Be aware of specific requirements for minors. When a minor, someone defined as under the age of 18, wants to change his name, there are some specific requirements, though the procedure of legally changing a name is generally the same. Here are the following amendments to the general procedure:[5]
    • The petition for name change is filed by the minor's parent(s) or custodian.
    • The name change must be in the best interests of the minor.
    • The name change requires the written and notarized consent of both known parents. This consent is to be filed along with the petition for name change.
  4. Choose your name. Select the name you would like to change and what you would like to change it to. The most common name changes are in cases of marriages when one partner opts to change her last name to that of her spouse
    • However, you can also change your first, middle, last or entire name. The follow procedure is the same in all cases.

Filing Your Petition for Change of Name

  1. Write or fill out a petition for name change. Mississippi does not have an official petition that you need to fill out when you want to change you name. Instead you can write a statement explaining the reasons for your name change as well as your current personal information (including current full name) and your desired new name. However, you can also find simple, easy fill-in-the-blanks forms online. In either case, do not sign the petition as you will sign it in front of a notary public.[6]
    • You can print the form and complete it by hand using a black pen. Make sure to print neatly. You can also complete the forms on your computer and then print them.
    • Make sure to use complete names (including middle names), and not initials. Check the spelling carefully. Anything that is misspelled can delay your name change.
  2. Have your petition notarized. Make sure to get your name change petition form verified by a notary public before you file it with the Chancery Court in your county. This means that you need to swear or affirm the truth of the information documented in the petition. This is also is when you will sign your petition.
    • This is an easy step as every branch bank in the United States has a notary on staff. You will likely need to pay a small fee ($8-$10), although in some cases, notary services may be free of charge if you are a client of that particular bank.
  3. Contact the Chancery Court Clerk. You need to submit your form to the Chancery Court in your county, so it's important you contact the Court in advance to determine the filing fees, which can vary, and any other local requirements.
  4. File your petition. Submit your petition for name change as well as pay a filing fee to the Chancery Court in the county in which you have been a resident.
    • Note that filing fees may vary depending on the county. Fee information may be posted online, but you can also call ahead and obtain this information from the Clerk. For example, in Harrison County, the fee for a name change is $98 in total ($30 base fee plus $57.50 in statutorily mandated fees and $10.50 in optional board approved fee).[7]
  5. Wait for a possible hearing. In most cases of name changes, if the notarized petition is filed correctly, you will not need to appear in court for a scheduled hearing. However, if the Court does wish you to make an appearance, the Clerk will advise you of when this will be.
    • If there is a hearing, you should appear as directed by the Clerk at the scheduled time and place. Your petition will be heard before the judge. In addition, in the case of a hearing, any persons who object to you petition for name change will be heard.
  6. Wait for the judgment. Once your petition has been reviewed, the Court will issue a judgment changing the name. This is the Name Change Decree, which signifies that your name is officially changed. You will receive a copy of this signed and certified by the judge.[8]
    • You can use this decree to change your name at any public or private institution, such as the DMV, banks, insurance companies, etc.

Changing Your Name at Private and Public Institutions

  1. Make sure you have your proof of legal name change. If you're recently married or divorce and this is why you're changing your name, then your proof is a certified marriage license or divorce decree. If you have changed your name for another reason, your proof is the certified court judgment.[9]
    • Because you may need multiple copies, it's best to order a few certified copies as backup. Remember, photocopies are not sufficient.
    • Having this proof of legal name change is essential. Most institutions below require this proof in order to change your name in their records.
  2. Change the name on your social security card. Fill out the Application for a Social Security Card (Form SS-5) with your old and new information. Mail in or bring the form to your local social security office along with the following documents: 1) proof of identity (e.g., driver's license, passport, etc.); 2) proof of U.S. citizenship if applicable (U.S. birth certificate or passport); 3) proof of legal name chance (court judgment, marriage certificate or divorce decree).[10]
    • The Social Security Administration should send you a card within 10 business days. Fortunately, the SSA will inform the IRS of your name change, so you will not need to formally change your name with the IRS. This will be done automatically.
    • Note that in Mississippi, you do need to change your Social Security card before you change the name on your driver's license.
  3. Change the name on your driver's license and registration. Once you have a new name and have updated your name with the Social Security Administration, you should notify the Mississippi Department of Revenue (DOR) and Department of Public Safety (DPS) in order to receive new documents, including a driver's license and registration, with your new name on them. To change the name on a vehicle registration, apply for a new title under your new name. Note that the Mississippi DOR (and specifically your local Tax Collector) deals with vehicle registration and titling, while the Mississippi DPS handles name changes to driver's licenses.
    • You should expect to pay a fee when you update these documents. You'll also need to bring proof of your name change to your local Tax Collector's office and DPS offices. Acceptable documents for proof of legal name change include a marriage license, divorce decree, or court judgment.
    • Note that you may also be required to provide additional documentation, such as date of birth, place of birth, social security card, and proof of Mississippi address. To confirm what documents you need, you should get in touch with your local Tax Collector's office and local DPS office.
  4. Update your passport. Fill out the appropriate form (below) and print it. You can either mail the form or take it to your local passport office. Be sure to include the appropriate fee, proof of legal name change (marriage license, divorce decree, court judgment), and two passport photos.[11]
    • If you have a valid passport and have had it for more than one year and it was issued when you were 16 or older, use Form DS-82
    • If you have a valid passport that was issued within the last year, use Form DS-5504.
    • Use Form DS-11 if you do not currently have a valid passport, if your passport has expired, if you do not have proof of legal name change, or if your passport has been lost, stolen or damaged. You must submit this form in person.
  5. Update your voter registration. Visit the voter registration website and click "Register to vote". Note that at the top of the form, there is a box you can check that states "I have recently changed my name". A drop-down box will appear when you click this that enables you to enter your previous name. Fill out the form, print it, and mail it in. The website will give you the address of where you should send the form. .[12]
  6. Update work records and benefits. Inform your employer of your name change so that paychecks, invoices, and benefits use the new name name and not the old one. It's important to have employment records and pay information in your current name so that there isn't confusion down the line.[13]
    • The easiest route is to inform the Human Resources department of your company.
  7. Inform your bank. Updating your name with your bank or credit union is something that you may have to do in person. To change the name on your account and to get new cards, you will need to show your driver's license with your new name.
  8. Continue to update secondary institutions. Once you have registered your name change with the most important public and private institutions, you should extend the net wider to other agencies and individuals. Note that in these cases, usually you can update your name via phone or email. Make sure to get in touch with:[14][15]
    • Landlord or mortgage company
    • Professional organizations (e.g., bar association, nurses' association, labour unions)
    • Doctors' offices
    • Memberships (e.g., gym, clubs, AAA)
    • Professional service providers (e.g., accountant, lawyer)
    • Clients and colleagues
    • Utility companies
    • Alumni associations

Tips

  • Note that Mississippi does not require publication of your name change.

Related Articles

References

  1. ↑ http://newlastname.org/ms-mississippi
  2. ↑ http://www.bankrate.com/finance/personal-finance/checklist-for-name-change-after-marriage-1.aspx
  3. ↑ http://namechange.uslegal.com/name-changes-laws-by-state/mississippi-name-change-law/#sthash.2oDfrAh3.dpuf
  4. ↑ https://www.lawv.net/Resources/Self-Help-Library/Individual-Rights/Changing-Your-Name-Adults
  5. ↑ https://www.ilrg.com/forms/namechange-minor/us/ms
  6. ↑ http://namechange.uslegal.com/name-changes-laws-by-state/mississippi-name-change-law/#sthash.2oDfrAh3.dpuf
  7. ↑ http://co.harrison.ms.us/elected/chanceryclerk/crtfees.asp
  8. ↑ http://namechange.uslegal.com/name-changes-laws-by-state/mississippi-name-change-law/
  9. ↑ http://newlastname.org/mo-missouri/how-to-change-your-name
  10. ↑ http://newlastname.org/ms-mississippi/how-to-change-your-name#Primary
  11. ↑ http://newlastname.org/ms-mississippi/how-to-change-your-name#Primary
  12. ↑ http://newlastname.org/mo-missouri/how-to-change-your-name
  13. ↑ http://www.bankrate.com/finance/personal-finance/checklist-for-name-change-after-marriage-1.aspx
  14. ↑ http://newlastname.org/name-change-notification
  15. ↑ http://www.bankrate.com/finance/personal-finance/checklist-for-name-change-after-marriage-1.aspx
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