Mississippi Intestate Succession Laws
If any part of a Mississippi decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
- If decedent left no surviving children or their descendants, the surviving spouse is entitled to the entire intestate estate.
- If there are surviving children of decedent or their descendants, the surviving spouse is generally entitled to only a child's part of the intestate estate.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:
- Decedent's children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them.
- Decedent's brothers and sisters and father and mother and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother to have in equal parts among them their deceased parent's share.
- Decedent's the grandparents and uncles and aunts, if any, in equal parts.
- If none of the above relatives are available, the estate descends to decedent's available next of kin in equal degree.
3. State of Mississippi. If there is no taker under any of the above provisions, the intestate estate passes by default ("escheats") to the state of Mississippi.
Mississippi Intestate Succession Law Fun Facts
- Relatives of the half-blood are generally treated the same as whole-blooded relatives, except that the relatives of the whole-blood, in equal degree, are preferred to the relatives of the half-blood in the same degree.
- Evil-doers beware! Any person who willfully causes or otherwise procures the death of the decedent cannot inherit any of decedent's property. Instead, such property descends as if the person causing or procuring decedent's death had predeceased decedent.
- Mississippi's intestate succession laws, as well as other related laws, can be found in Title 91 of the Mississippi Code.
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