Are Beneficiary Designations Protected in Mississippi?

Yes. Mississippi automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities.Miss. Code Ann. § 91-29-1 (wills, divorce revocation); § 91-29-7 (trust instruments, divorce revocation); § 91-29-17 (POD/TOD/multiple-party accounts, divorce revocation); § 91-29-23 (life insurance, pre-decree ex-spouse designation not effective); § 91-29-25 (retirement/IRA/financial plans incl. annuitants, pre-decree ex-spouse designation not effective); § 91-27-21(c) (TOD real property deed, divorce revocation); § 91-21-1 et seq. (Uniform TOD Security Registration Act, Ch. 21 §§ 1-25); § 81-5-62 (bank POD accounts payable at death); §§ 81-14-359, 81-14-363 (savings bank joint/POD accounts); § 91-5-25 (spousal renunciation/elective share, 90-day window); §§ 91-1-25, 91-5-33 (slayer rules: intestate descent and wills); § 85-3-1(e) (retirement/IRA exemption from execution, incl. Roth IRAs per HB 1071 (2020)); §§ 63-21-251 through 63-21-261 (motor vehicle TOD beneficiary designation, Title 63 Ch. 21 Art. 4, HB 1430 (2022), eff. July 1, 2022; sole beneficiary, 120-hour survival requirement, lapsed share passing "as if the beneficiary designation were a devise made in a will")Verified Jul 13, 2026 However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Mississippi provides partial creditor protection for inherited IRAs.Miss. Code Ann. § 91-29-1 (wills, divorce revocation); § 91-29-7 (trust instruments, divorce revocation); § 91-29-17 (POD/TOD/multiple-party accounts, divorce revocation); § 91-29-23 (life insurance, pre-decree ex-spouse designation not effective); § 91-29-25 (retirement/IRA/financial plans incl. annuitants, pre-decree ex-spouse designation not effective); § 91-27-21(c) (TOD real property deed, divorce revocation); § 91-21-1 et seq. (Uniform TOD Security Registration Act, Ch. 21 §§ 1-25); § 81-5-62 (bank POD accounts payable at death); §§ 81-14-359, 81-14-363 (savings bank joint/POD accounts); § 91-5-25 (spousal renunciation/elective share, 90-day window); §§ 91-1-25, 91-5-33 (slayer rules: intestate descent and wills); § 85-3-1(e) (retirement/IRA exemption from execution, incl. Roth IRAs per HB 1071 (2020)); §§ 63-21-251 through 63-21-261 (motor vehicle TOD beneficiary designation, Title 63 Ch. 21 Art. 4, HB 1430 (2022), eff. July 1, 2022; sole beneficiary, 120-hour survival requirement, lapsed share passing "as if the beneficiary designation were a devise made in a will")Verified Jul 13, 2026 The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Mississippi automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Mississippi's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Mississippi inheritance calculator.

No. Mississippi does not default to per stirpes for beneficiary designations.Miss. Code Ann. § 91-29-1 (wills, divorce revocation); § 91-29-7 (trust instruments, divorce revocation); § 91-29-17 (POD/TOD/multiple-party accounts, divorce revocation); § 91-29-23 (life insurance, pre-decree ex-spouse designation not effective); § 91-29-25 (retirement/IRA/financial plans incl. annuitants, pre-decree ex-spouse designation not effective); § 91-27-21(c) (TOD real property deed, divorce revocation); § 91-21-1 et seq. (Uniform TOD Security Registration Act, Ch. 21 §§ 1-25); § 81-5-62 (bank POD accounts payable at death); §§ 81-14-359, 81-14-363 (savings bank joint/POD accounts); § 91-5-25 (spousal renunciation/elective share, 90-day window); §§ 91-1-25, 91-5-33 (slayer rules: intestate descent and wills); § 85-3-1(e) (retirement/IRA exemption from execution, incl. Roth IRAs per HB 1071 (2020)); §§ 63-21-251 through 63-21-261 (motor vehicle TOD beneficiary designation, Title 63 Ch. 21 Art. 4, HB 1430 (2022), eff. July 1, 2022; sole beneficiary, 120-hour survival requirement, lapsed share passing "as if the beneficiary designation were a devise made in a will")Verified Jul 13, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.