What Happens If You Die Without a Will in Mississippi?
Without a will in Mississippi, descendants divide what passes to them per stirpesMiss. Code Ann. § 91-1-3Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
Mississippi intestacy law decides. Mississippi follows separate property rulesMiss. Code Ann. § 91-1-7Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents and siblings; Grandparents, uncles, and aunts; Next of kin in equal degreeMiss. Code Ann. § 91-1-7Verified Sep 10, 2026View source.
The surviving spouse's share in Mississippi depends on the family. With no children: Entire estateMiss. Code Ann. § 91-1-7Verified Sep 10, 2026View source. With shared children: Spouse and children split estate equally (e.g., with 2 children: 1/3 each)Miss. Code Ann. § 91-1-7Verified Sep 10, 2026View source. When a child from a prior relationship survives: Spouse and children split estate equally (e.g., with 2 children: 1/3 each)Miss. Code Ann. § 91-1-7Verified Sep 10, 2026View source.
Mississippi divides per stirpesMiss. Code Ann. § 91-1-3Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Under Mississippi intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Mississippi will signing requirements set out what a valid will takes.
Is this your situation?
Get a complete guide for your specific circumstances.
Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning and Settling an Estate in Mississippi
Free Mississippi forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Mississippi, the notice to creditors is published for 3Miss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsMiss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Mississippi, a person named as executor may renounce the right to serveMiss. Code Ann. § 91-7-39Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Mississippi, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areMiss. Code Ann. § 89-5-8; § 63-21-35; §§ 91-1-27, 91-1-29Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Mississippi, the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source covers estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Mississippi, the personal representative files the estate inventory within 90 daysMiss. Code §§ 91-7-93, 91-7-95, 91-7-109Verified Sep 15, 2026View source of appointment.
Estate Closing
In Mississippi, the personal representative is discharged by court orderMiss. Code §§ 91-7-297, 91-7-145(3), 91-7-309Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Mississippi, a will is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Mississippi
Free calculators and checklists for planning or settling an estate in Mississippi: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Mississippi costs an estimated $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source. Attorney fees run 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Mississippi allows you to name your own agent in advanceMiss. Code Ann. § 73-11-58(1)(g)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Mississippi levies no estate or inheritance taxMiss. Code Ann. § 27-9-5Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Mississippi imposes no inheritance or estate taxMiss. Code Ann. § 27-9-5Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Mississippi take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesMiss. Code Ann. § 27-7-5 (rates, as amended by HB 531, 2022)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Mississippi costs an estimated $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source and takes 6 months to 12 months for a simple estate, with attorney fees of typically 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate. Estates under $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Mississippi pays executors reasonable compensationMiss. Code § 91-7-299 (such sum as the court deems proper; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
When you're ready, we're here.
Mississippi Estate Planning Resources
In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.