Laws of Intestacy

Mississippi laws of intestacy control the distribution of real and personal property owned by a decedent at the time of his death that was not otherwise bequeathed by will. This would include decedents dying without a will as well as decedent's who die with a valid will that does not effectively dispose of all of his or her assets. Mississippi laws of intestate succession govern inheritance of all property situated in Mississippi, whether real or personal. Mississippi intestate succession law will also control the inheritance of out-of-state personal property owned by a Mississippi resident if the other state follows the common law rule that intestate succession of personal property is governed by the law of the decedent's home state.

Most of the provisions of the Mississippi Code that apply to testate estates (estates of decedents who dispose of all of their property by valid will) also apply to intestate estates. There primary differences between an intestate proceeding and a testate proceeding. First, in an intestate proceeding, Mississippi law fills in the blanks on your estate plan by providing for an orderly distribution of your assets to your "heirs at law." Second, in most cases, a suit to determine heirs must accompany an intestate proceeding in order to allow future transferees to rest assured that you didn't leave any unknown descendants who could later claim an interest in your property through the intestacy law.

An intestate proceeding is commenced by filing a Petition for Issuance of Letters of Administration alleging that, to the petitioner's knowledge and after diligent search and inquiry, the decedent died without a will. The court prefers to appoint a spouse as administrator of an intestate estate, but will appoint others if the spouse is unwilling or unable to serve as administrator. To qualify as an administrator, a person must be over age 18, not of "unsound mind," and not a felony convict.

Mississippi's laws of intestacy pass a decedent's estate to his or her spouse and blood relatives (those descended from common ancestors). The only exception to this general statement is that legally adopted persons are also treated as blood relatives. One share of the decedents estate is allocated for each child of the decedent and one share is allotted to the spouse of the decedent, if any. For example, the estate of a man who dies with a wife and three children would be split between the wife and children in equal fourths. This allocation is made per stirpes, meaning that the share of any deceased child is split between that child's children (the decedent's grandchildren), and so on at subsequent generational levels. If the decedent leaves no spouse or children, his estate is split among descendants of his ancestors, beginning with father, mother, siblings, and children of siblings who predecease the decedent. If the decedent leaves no children and a spouse, his or her spouse will inherit the entire estate.

Terminology is also slightly different in an intestate probate as compared to a testate probate. The "Executor" in a testate probate becomes an "Administrator/Administratrix" in an intestate proceeding. Likewise, "Letters Testamentary" become "Letters of Administration" and a "Petition for Probate of Will" becomes a "Petition for Issuance of Letters of Administration." However, the concepts generally remain the same.

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