MS risk area
Complexity triggers in Mississippi
Scenarios that increase estate risk, such as blended families or multi-state property.
Mississippi allows a surviving spouse to renounce a will for an intestate share, and exempt property can pass under separate homestead rules.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may renounce the will and take the legal share that would apply under intestacy.
- Exempt property and homestead interests descend to the surviving spouse and children, with special rules for prior-marriage descendants.
Questions to consider
Questions this risk area helps you evaluate in Mississippi
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Mississippi allows a surviving spouse to renounce a will for an intestate share, and exempt property can pass under separate homestead rules.
- A surviving spouse may renounce the will and take the legal share that would apply under intestacy.
- Exempt property and homestead interests descend to the surviving spouse and children, with special rules for prior-marriage descendants.
Sources
- https://law.justia.com/codes/mississippi/title-91/chapter-5/section-91-5-25/
- https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-1-19
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Mississippi.