Who Inherits If You Die Without a Will in Mississippi
Mississippi's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: If the decedent leaves a spouse and no children or descendants of children, the spouse inherits the entire estate. Miss. Code Ann. §§ 91-1-3, 91-1-7
| 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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| Surviving spouse's share | If a will does not make satisfactory provision for the surviving spouse, the spouse may renounce the will within 90 days after it is probated by filing the renunciation where the will was probated, and take the share the spouse would receive with no will, except that if the decedent left no children or descendants, a renouncing spouse takes only one-half of the estate. A spouse left out of the will entirely has the same rights without filing a renunciation. If the surviving spouse's own separate property equals or exceeds that share, the spouse cannot renounce; if it is smaller, the court reduces the share on a sliding scale (no reduction if the spouse's separate property is less than one-fifth of the share). Mississippi is not a community property state. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
| Small estate affidavit | If the decedent's entire probate estate, excluding liens and encumbrances, is worth $75,000 or less, a successor may collect the decedent's tangible personal property, bank accounts and other debts owed, and stock or similar instruments by presenting an affidavit at least 30 days after death. Successors, in order of priority, are the surviving spouse, then any child, then any grandchild, then either parent or any sibling. The affidavit must state the estate's value, that 30 days have passed, that no personal representative has been appointed or applied for in any jurisdiction, the facts making the person a successor, and the successor's duty to distribute the property to anyone with a superior right. If a holder refuses, the successor may ask the chancery court to compel payment or delivery. The procedure covers personal property; the statute does not provide for transferring real estate by affidavit. Separately, an employer may pay a deceased worker's unpaid wages directly to the spouse or other listed relatives (§ 91-7-323). Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-7-322 |
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FAQ
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.
What is a surviving spouse entitled to in Mississippi?
If a will does not make satisfactory provision for the surviving spouse, the spouse may renounce the will within 90 days after it is probated by filing the renunciation where the will was probated, and take the share the spouse would receive with no will, except that if the decedent left no children or descendants, a renouncing spouse takes only one-half of the estate. A spouse left out of the will entirely has the same rights without filing a renunciation. If the surviving spouse's own separate property equals or exceeds that share, the spouse cannot renounce; if it is smaller, the court reduces the share on a sliding scale (no reduction if the spouse's separate property is less than one-fifth of the share).
What is the small estate limit in Mississippi?
If the decedent's entire probate estate, excluding liens and encumbrances, is worth $75,000 or less, a successor may collect the decedent's tangible personal property, bank accounts and other debts owed, and stock or similar instruments by presenting an affidavit at least 30 days after death. Successors, in order of priority, are the surviving spouse, then any child, then any grandchild, then either parent or any sibling. The affidavit must state the estate's value, that 30 days have passed, that no personal representative has been appointed or applied for in any jurisdiction, the facts making the person a successor, and the successor's duty to distribute the property to anyone with a superior right. If a holder refuses, the successor may ask the chancery court to compel payment or delivery.
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.