MS state guide
Mississippi estate risk overview
This guide explains how estate outcomes work in Mississippiwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Mississippi intestacy gives the surviving spouse all if there are no children; otherwise the spouse shares equally with children, with other heirs inheriting in statutory order if no spouse or descendants.
- If there are no children or descendants, the surviving spouse inherits the entire estate.
- If there are children or descendants, the surviving spouse receives a child’s share, and the children share the remainder equally by representation.
- If there is no spouse, children inherit first; if no children, the estate passes to parents and siblings in the order set by statute.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Mississippi allows transfer of personal property by affidavit for small estates after a waiting period.
- The probate estate must be $75,000 or less (after liens and encumbrances).
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit must identify successors and direct distribution of the property.
- The affidavit must identify estate assets and the successors who will receive them.
Estate and inheritance tax exposure
Mississippi does not require a state estate tax return for deaths on or after January 1, 2005 and does not impose inheritance or gift taxes.
- No Mississippi estate tax return is required for decedents dying on or after January 1, 2005.
- Mississippi does not have an inheritance tax.
- Mississippi does not have a gift tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Mississippi treats parents as joint natural guardians; if a parent is unsuitable, the court can appoint another guardian, and minors over 14 may select a guardian subject to court approval.
- Parents are joint natural guardians with equal rights and duties.
- If a parent dies or is incapable, guardianship devolves to the surviving parent.
- If a parent is unsuitable, the court may appoint a suitable person as guardian.
- A minor over age 14 may petition to select a general guardian, subject to court approval.
- Older minors may nominate a guardian, subject to court approval.
Risk areas
Explore estate risk dimensions in Mississippi
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Mississippi
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Mississippi
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Mississippi
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.