Affidavit of Heirship in Mississippi
Whether Mississippi lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Mississippi uses a court determination of heirship. Heirs file an action in chancery court; heirs who are not plaintiffs are summoned, and notice is published to 'the heirs at law of' the decedent. Miss. Code Ann. § 91-1-29
| Affidavit / determination of heirship | Mississippi uses a court determination of heirship. Heirs file an action in chancery court; heirs who are not plaintiffs are summoned, and notice is published to 'the heirs at law of' the decedent. On satisfactory proof of the death and that the parties are the sole heirs, the court enters a judgment recognizing them as heirs and placing them in possession of the estate. The judgment is evidence in all Mississippi courts of who the heirs are. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-1-29 |
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| Who inherits without a will | If the decedent leaves a spouse and no children or descendants of children, the spouse inherits the entire estate. If there are children or their descendants, the spouse takes a share equal to one child's share, and the children (with descendants of a deceased child taking that child's share) divide the rest equally. With no spouse, children and their descendants take everything. If there are no children or descendants, the estate goes in equal shares to the decedent's brothers and sisters, father and mother, and descendants of deceased brothers and sisters; then to grandparents, uncles and aunts; then to the next of kin of equal degree. The statute's text is written separately for a widow and a widower but gives each the same result. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
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- Who Inherits If You Die Without a Will in Mississippi
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FAQ
Does Mississippi have an affidavit of heirship?
Mississippi uses a court determination of heirship. Heirs file an action in chancery court; heirs who are not plaintiffs are summoned, and notice is published to 'the heirs at law of' the decedent. On satisfactory proof of the death and that the parties are the sole heirs, the court enters a judgment recognizing them as heirs and placing them in possession of the estate. The judgment is evidence in all Mississippi courts of who the heirs are.
Who inherits if someone dies without a will in Mississippi?
If the decedent leaves a spouse and no children or descendants of children, the spouse inherits the entire estate. If there are children or their descendants, the spouse takes a share equal to one child's share, and the children (with descendants of a deceased child taking that child's share) divide the rest equally. With no spouse, children and their descendants take everything. If there are no children or descendants, the estate goes in equal shares to the decedent's brothers and sisters, father and mother, and descendants of deceased brothers and sisters; then to grandparents, uncles and aunts; then to the next of kin of equal degree.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.