State Unemployment Benefits in Mississippi
The Mississippi Department of Employment Security administers unemployment benefits. Benefits a claimant had earned but not received at death are paid to the qualified administrator or executor of the estate — or, if none is appointed, to the heirs at law — on a request filed with MDES within 90 days of the death.
Administering agency
Mississippi Department of Employment Security (MDES)
Authority
Miss. Code § 71-5-501; MDES Regulation 319.00 (Benefits - Deceased Claimants), adopted under Miss. Code §§ 71-5-115 and 71-5-117
State Unemployment Benefits in Mississippi: key facts
- Administering agency
- Mississippi Department of Employment Security (MDES).
- Contact Center
- 601-493-9427 (claims, questions about an existing claim, weekly certifications). Claim Service Line for claim status: 601-272-8332. Hours are Monday through Friday, 8 a.m. to 5 p.m.
- Online filing
- reemployms.mdes.ms.gov
- Who is paid
- Benefits due at the claimant's death are paid to the duly qualified administrator or executor of the estate. If none is appointed, they are paid to the heirs at law under Mississippi's laws of descent and distribution, supported by an appropriate affidavit (MDES Reg. 319.00(A)).
- Filing deadline
- A claim for benefits due a deceased claimant must be filed with MDES within 90 days following the death. The Executive Director may extend that period (MDES Reg. 319.00(C)).
- Affidavit required
- The person claiming payment must request it and provide an affidavit setting out the facts the claim rests on (MDES Reg. 319.00(D)).
- Uncashed checks
- Uncashed benefit checks issued to the deceased claimant must be returned to MDES for cancellation before any replacement funds are paid. Electronic payments are issued only to the individual who requested them, under banking-industry guidelines (MDES Reg. 319.00(B), (E)).
- Statutory basis
- Miss. Code § 71-5-501 authorizes MDES to prescribe by regulation that benefits due claimants who die before receiving or cashing a benefit check may be paid to the legal representative, dependents, or next of kin found equitably entitled, and treats each such payment as valid as if made to the decedent's legal representative.
Governing law: Miss. Code § 71-5-501; MDES Regulation 319.00 (Benefits - Deceased Claimants), adopted under Miss. Code §§ 71-5-115 and 71-5-117
Steps to take when someone dies
- Contact the MDES Contact Center at 601-493-9427 to report the claimant's death.
- Determine who may claim: the qualified administrator or executor of the estate, or, if none has been appointed, the heirs at law under Mississippi's laws of descent and distribution.
- Request payment of the benefits due and provide the affidavit MDES requires setting out the facts the claim rests on, along with proof of appointment or heirship.
- File the request with MDES within 90 days of the death; ask the agency about an extension from the Executive Director if that window has already passed.
- Return any uncashed benefit check issued to the deceased claimant to MDES for cancellation before replacement funds can be paid.
Frequently asked questions
The Mississippi Department of Employment Security administers unemployment benefits. The MDES Contact Center is reached at 601-493-9427, the Claim Service Line at 601-272-8332, and claims can be filed online at reemployms.mdes.ms.gov.
Under MDES Regulation 319.00, benefits due at the claimant's death are paid to the duly qualified administrator or executor of the estate. If no administrator or executor is appointed, the benefits are paid to the claimant's heirs at law as determined by Mississippi's laws of descent and distribution, supported by an appropriate affidavit.
The claim must be filed with MDES within 90 days following the claimant's death, though the Executive Director may extend that period. The person claiming payment must request it and provide an affidavit setting out the facts the claim rests on (MDES Regulation 319.00(C), (D)).
Any benefit check that was issued directly to the deceased claimant and has not been cashed must be returned to MDES for cancellation before any funds can be paid in its place (MDES Regulation 319.00(B)).
Sources
Data sourced from State Unemployment Benefits in Mississippi primary sources (4 pages reviewed). How we research.
Administering agency
Mississippi Department of Employment Security (MDES)
Authority
Miss. Code § 71-5-501; MDES Regulation 319.00 (Benefits - Deceased Claimants), adopted under Miss. Code §§ 71-5-115 and 71-5-117