FAQ: How do children inherit when someone in Mississippi dies without a will?

Short answer: If a person (the decedent) dies intestate (without a valid will) in Mississippi, the decedent’s surviving children inherit the decedent’s intestate share. Surviving children generally take equal shares; descendants of a predeceased child step into that child’s share (so grandchildren inherit the portion that would have gone to their parent). Adopted children usually inherit the same as biological children. The exact split can change if a surviving spouse or other heirs exist. This article explains how succession among children commonly works and what practical steps to take.

How Mississippi law treats children when there is no will

When someone dies intestate in Mississippi, the state’s descent-and-distribution rules determine who receives the estate. Those rules prioritize close family members: a surviving spouse and descendants (children, grandchildren, etc.). Key points you need to know:

• Surviving children share the estate. If the decedent left children but no surviving spouse, the children inherit the estate and generally split it equally.
• Representation (children’s descendants step in). If one child died before the decedent but left lineal descendants (for example, grandchildren), those descendants normally inherit the share their parent would have received. That principle is commonly called inheritance by representation (often referred to as per stirpes).
• Adopted children. A child legally adopted before the decedent’s death is treated like a biological child for intestacy purposes and is entitled to inherit.
• Posthumous children and children born after death-related events. Children conceived before but born after the decedent’s death are generally entitled to inherit if paternity and the child’s rights are established under Mississippi law.
• Children born outside marriage. An out-of-wedlock child can inherit if paternity is established by evidence acceptable to the probate court (for example, acknowledgment, paternity proceedings, or genetic testing accepted by the court).
• Stepchildren and foster children. Stepchildren do not inherit under intestacy rules unless they were legally adopted.
• Surviving spouse affects distribution. If the decedent is survived by both a spouse and children, Mississippi’s distribution rules allocate shares between spouse and descendants. The surviving spouse often receives a statutory share; children receive the remainder. The exact split depends on whether all descendants are also descendants of the surviving spouse, among other factors.

Typical family scenarios (illustrative examples)

These examples use typical intestacy principles to show how children or descendants usually share an estate. They are simplified and do not replace case-specific legal advice.

• Decedent leaves three surviving children, no spouse. Each child generally receives one-third of the intestate estate.
• Decedent leaves two surviving children and one predeceased child who left two grandchildren. The two surviving children receive equal shares of the estate; the two grandchildren share the predeceased child’s share (commonly split equally between them).
• Decedent leaves a surviving spouse and two children (both children are also children of the spouse). The estate is divided according to Mississippi’s rules allocating a statutory share to the spouse with the children receiving the remainder. The exact split depends on the statutory scheme and whether any separate property or community property concepts apply.

Practical steps for someone dealing with an intestate estate in Mississippi

1. Contact the local probate court (county chancery or circuit court, depending on county procedures) to open the estate. The court will advise on required forms and the appointment of an administrator.
2. Gather documents: death certificate, birth/adoption records, marriage certificates, and any documents proving paternity when relevant.
3. Determine the heirs. If some heirs are predeceased, document their surviving descendants (grandchildren, etc.).
4. Ask the court about priority for appointment as administrator. Courts prefer appointing interested heirs (often a surviving spouse or an adult child) but will follow statutory priority and the heirs’ petitions.
5. Consider bonding and estate administration costs. Administrators may need to post a bond unless the court waives it.
6. If there is any dispute (paternity, adoption status, or claim by a spouse), consult a Mississippi probate attorney promptly; disputes can slow or block distribution.

Where to look in Mississippi law

Mississippi’s rules on intestate succession and descent-and-distribution are set out in state statutes governing probate and estates. For the official text and exact statutory language, consult the Mississippi Code and the probate court in the county where the decedent lived. The Mississippi Legislature’s website provides access to the Code and is a starting point: https://www.legislature.ms.gov/. Search the Code for chapters on descent, distribution, or intestacy (often found under titles dealing with decedents’ estates).

When you should get legal help

Because facts like the presence of a surviving spouse, the manner of adoption, paternity questions, or whether property is jointly owned can change how an estate is distributed, consult a Mississippi probate attorney when:

• Multiple claimants or contested paternity exist.
• There is a surviving spouse whose share may be disputed.
• Significant assets or business interests exist in the estate.
• Heirs live out-of-state, are minors, or the decedent had complex property ownership.

Helpful hints

• Start at the county probate office. They can tell you which forms to file and local procedures for appointing an administrator.
• Collect birth, death, marriage, and adoption records early; courts rely on certified documents.
• If paternity is in doubt, get a genetic test and ask the probate court about acceptable evidence.
• Keep careful records of estate assets and debts — administrators must account to the court and heirs.
• If the estate is small, ask whether Mississippi’s simplified or small-estate procedures apply.
• Communicate with other heirs. Uncontested administration is faster and cheaper.
• Don’t assume stepchildren inherit; legal adoption is generally required for intestate inheritance rights.

Disclaimer

This article provides general information about how children commonly succeed to a decedent’s estate under Mississippi intestacy principles. It does not provide legal advice and does not replace consultation with a licensed Mississippi attorney about the specific facts of any case.