What Happens If You Die Without a Will in Mississippi?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Mississippi intestacy laws determine who inherits when there is no will.Miss. Code Ann. § 91-1-7Verified May 14, 2026 Mississippi follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Mississippi depends on family structure.Miss. Code Ann. § 91-1-7Verified May 14, 2026 With no children: Entire estate. With shared children: Spouse and children split estate equally (e.g., with 2 children: 1/3 each). When children from a prior relationship survive: Spouse and children split estate equally (e.g., with 2 children: 1/3 each).
Mississippi uses the "per stirpes" distribution method.Miss. Code Ann. § 91-1-3Verified May 14, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes
Under Mississippi intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Miss. Code Ann. § 91-1-7Verified May 14, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Mississippi will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Mississippi depend on estate size and complexity. Estates valued at $75,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Mississippi probate cost calculator for a detailed estimate.
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Mississippi Estate Planning Resources
In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.
