Can I become the administrator of my sibling’s estate in Mississippi if they died without a will?

Short answer: Yes — in Mississippi you can petition the court to be appointed administrator (sometimes called personal representative) of a sibling’s estate when the decedent died intestate (without a will). You must follow the state’s probate rules: demonstrate your relationship, meet basic legal qualifications, file a petition in the proper court, and comply with bond, notice, and administration requirements.

Detailed answer — step-by-step under Mississippi law

This section explains the usual steps and legal rules you are likely to face in Mississippi. This is an educational summary, not legal advice. For statutes and forms, visit the Mississippi Legislature site (search Title 91 for Wills and Administration) at https://www.legislature.ms.gov/ and the Mississippi courts site at https://courts.ms.gov/.

1. Where you file

File a petition for letters of administration in the chancery court (or probate venue) of the county where the decedent was domiciled at death. The court with probate jurisdiction will appoint the administrator and issue letters authorizing you to act for the estate.

2. Who has priority to be appointed

When there is no will, Mississippi follows an order of preference for appointing a personal representative. The court typically gives priority to persons with closer relationships first (for example, surviving spouse or adult children). A sibling can be appointed when there is no surviving spouse, no surviving children, and parents are not available/interested, or when the court otherwise finds the sibling is the most appropriate person to serve. If multiple persons of the same priority petition, the court decides who will serve.

3. Basic qualifications and disqualifications

• You generally must be an adult (age 18+).
• You must be legally competent to serve (not incapacitated).
• Some convictions or conflicts (e.g., certain felonies or creditor conflicts) can disqualify you or affect the court’s decision; the court has discretion to refuse appointment for cause.
• Residency: being a Mississippi resident may be a factor but out-of-state relatives can sometimes serve; the court may require a resident agent or additional bond.

4. Documents and evidence to bring

Typical items the court or clerk will ask for when you file:

• Original death certificate or certified copy.
• Petition for letters of administration (available from the chancery court or court website).
• A proposed list of heirs and next of kin, with addresses if known.
• Information about known estate assets and debts.
• Identification for the petitioner.

5. Bond and waivers

Courts commonly require an estate bond (a form of insurance that protects estate creditors and beneficiaries) unless the law or all heirs waive the bond. If all heirs and interested parties sign a written waiver, the court may allow administration without a bond. If you are not a preferred heir or are out-of-state, the court may set a higher bond.

6. Notice to creditors and heirs; inventory

After appointment you must follow Mississippi procedures for notifying creditors and heirs, publishing notices when required, filing an inventory of estate assets, and providing periodic accountings to the court. You will pay estate debts and taxes before distributing assets to heirs under Mississippi intestacy rules.

7. Distribution under intestacy

If the sibling died without a spouse or children, Mississippi law governs who inherits and how much each heir receives. The administrator’s job is to gather assets, pay valid claims, and distribute remaining assets according to Mississippi intestate succession rules.

8. What if the estate is small?

Mississippi provides simplified procedures (small estate collection, affidavits, or summary administration) in some situations. These allow quicker collection of personal property without full probate when the estate falls below statutory thresholds or when certain conditions are met. Check with the chancery clerk or statutes to see whether you qualify.

9. When the court will deny you

The court may decline to appoint you if you are not a proper priority heir, if you have a disqualifying background, if a higher-priority person petitions, or if the court finds another person better suited to protect the estate and creditors.

Practical next steps

1. Contact the chancery or probate clerk in the county where your sibling lived to ask for the required petition forms and a list of required documents.
2. Obtain certified death certificate copies.
3. Identify heirs and collect basic information on the decedent’s assets and debts (bank accounts, real estate, vehicle titles, insurance, loans).
4. File the petition for letters of administration and appear at any required hearing.
5. Ask the court about bond requirements and whether heirs will sign a bond waiver.
6. Follow the court’s instructions for notices, inventory, creditor claims, and final distribution.

Where to check Mississippi law and forms

• Mississippi Legislature (search Title 91 for statutes on wills, administration, and intestate succession): https://www.legislature.ms.gov/
• Mississippi Courts — general information and links to local court resources: https://courts.ms.gov/
• Local chancery court or county probate clerk — for forms, filing fees and county-specific procedures (search the county name + chancery clerk).

Helpful Hints

• Start at the county chancery clerk’s office — clerks can provide the correct petition form and county filing rules.
• Gather and organize documentation before filing: death certificate, asset statements, creditor statements, and lists of possible heirs.
• If multiple family members want to serve, try to agree on who will petition first. Courts favor avoiding disputes but will make a decision when necessary.
• Be ready to post a bond unless all heirs waive it in writing or the court excuses it.
• Consider whether a small-estate process applies — it can save time and cost for low-value estates.
• Keep careful records of every step: notices, bills paid, asset transfers, and court filings — you will need these to close the estate.
• If things are contested, or if assets or creditors are complex (real estate, business interests, tax issues), consider consulting a probate attorney to avoid costly mistakes.

Disclaimer: This article is informational only and does not constitute legal advice. It summarizes general Mississippi probate concepts and is not a substitute for an attorney’s review of your specific situation. For authoritative guidance, consult the Mississippi statutes, the chancery court in the county where the decedent lived, or an attorney licensed in Mississippi.