What Happens if You Die Without a Will in Mississippi?
If you die without a will in Mississippi, inheritance is based entirely on your marital status and family relationships, along with the value of any property and assets. Let's break those rules down below. Mississippi handles the married-with-children scenario differently than most states.
If You are Married with Children
Mississippi treats your spouse as though he or she is another child. Your estate is divided equally among your spouse and all of your children, so your spouse is guaranteed at least a child's share, but not necessarily more.
If You are Married Without Children
When your spouse survives you and there are no children, your spouse inherits your entire estate.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets and divide them equally.
If You Don't Have a Spouse or Children
Your parents and siblings inherit together, in equal shares. Mississippi treats them as a single class rather than prioritizing parents over siblings.
If No Living Relatives Can Be Found
Your property reverts to the state of Mississippi, although it’s important to note that this does not happen frequently because the state will perform an exhaustive search before making that call.
Other Things to Know about Dying Without a Will in Mississippi
- Stepchildren generally don't inherit in the state of Mississippi unless they were legally adopted and unmarried partners have no automatic inheritance rights.
- A surviving spouse who's unhappy with a will can renounce it and instead take an elective share. Generally, this amounts to the same share they'd receive under intestacy, capped at 1/2 of the estate. Mississippi abolished dower and curtesy in 1880, so this elective share is the spouse's actual protection against disinheritance, not a dower/curtesy-style life estate.
- Mississippi has no state estate or inheritance tax.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Mississippi, your estate may still avoid full probate if the personal property is valued at $75,000 or less, using a small estate affidavit available 30 days after death. Larger estates go through Chancery Court.
Check out this article to learn more about probate in Mississippi.
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