MS estate risk
Intestacy risk in Mississippi
How assets are distributed when there is no will and state default rules control the outcome.
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.
At a glance
Key takeaways
- 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.
Questions to consider
Questions to consider in Mississippi
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://law.justia.com/codes/mississippi/title-91/chapter-1/section-91-1-7/
- https://law.justia.com/codes/mississippi/title-91/chapter-1/section-91-1-3/
- https://law.justia.com/codes/mississippi/2010/title-91/chapter-1/section-91-1-25/
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Mississippi.
How this connects
How intestacy risk affects other estate risks
- Probate administration follows whichever heirs intestacy rules identify.
- Tax outcomes can change depending on who receives what and when.
- Guardianship decisions can affect how minor inheritances are managed.
Records to review
Documents that usually shape this topic
- Marriage, birth, and adoption records used to establish heir priority.
- Property title records showing sole or joint ownership.
- Beneficiary designations to separate probate from non-probate assets.
Optional next steps
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