How Mississippi law treats jointly held bank accounts and property when someone dies without a will

Short answer: Whether money or property passes automatically to a surviving co-owner in Mississippi depends on how the asset is titled. Accounts or real estate held with a true right of survivorship pass outside probate to the surviving owner(s). Assets owned as tenants in common or solely by the decedent go through probate and pass under Mississippi's intestacy rules. This article explains the differences, gives examples, and lists practical next steps.

Disclaimer

This is educational information only, not legal advice. I am not a lawyer. For help applying these rules to your facts, contact a licensed Mississippi attorney.

Detailed answer

1. Key concepts — title controls who owns the asset

The most important point: the way an account or property is titled determines what happens at death. Common ownership forms include:

• Joint tenancy with right of survivorship (JTWROS) — when one co-owner dies, the surviving co-owner(s) automatically own the whole asset.
• Tenancy by the entirety — a form of ownership available to married couples in many states; the surviving spouse owns the property automatically at the other spouse's death.
• Tenants in common — each owner has a divisible share. A deceased owner's share forms part of their estate and passes by will or by intestacy (if there is no will).
• Payable-on-death (POD) / Totten trust / beneficiary designation — the account passes to the named beneficiary on presentation of the death certificate and any required bank forms; it does not become part of probate if the beneficiary survives the decedent.
• Sole ownership — the asset is part of the decedent's estate and handled through probate or a small-estate process if available.

2. Joint bank accounts

Most banks honor the ownership language on the account signature card. If the account is titled as JTWROS or as "X & Y, jointly with right of survivorship," the surviving joint owner typically can access the funds after presenting a death certificate and the bank's required identification and forms. If the account is titled "tenants in common" (rare for bank accounts) or is solely in the decedent's name, the bank will generally freeze the account until an appropriate personal representative or small-estate procedure is established.

If the account uses a beneficiary/POD designation, those funds pass to the named beneficiary outside probate.

Practical points:

• Banks have their own rules and may require a certified death certificate, affidavits, or a court order.
• A surviving joint owner should not assume the money is free of claims. Creditors of the decedent may have collection rights against the decedent's interest if the joint account was a convenience arrangement rather than a true joint ownership.

3. Real property (land, houses)

How real property passes depends on the deed language and the form of ownership:

• Tenancy by the entirety (married couples) — Mississippi recognizes survivorship ownership for spouses where the deed creates tenancy by the entirety; the survivor becomes sole owner outside probate.
• Joint tenants with right of survivorship — the surviving joint tenant owns the property automatically.
• Tenants in common — the decedent's share becomes part of the estate and is distributed under Mississippi's intestacy rules if there is no will.

To confirm, check the deed recorded in the county land records. If the deed contains language like "with right of survivorship" or "as tenants by the entirety," survivorship likely applies. If not, expect the decedent's share to be handled through probate.

4. Intestate succession in Mississippi — what happens when there is no will

If an asset is part of the decedent's probate estate (because it was solely owned or the decedent owned a share as tenant in common), Mississippi's intestacy statutes determine who inherits. The order of priority generally favors a surviving spouse and descendants (children), then parents, siblings, and more distant relatives.

For publishers of the law, see the Mississippi Code (Wills and Administration). You can review Mississippi statutes and related probate rules through the Mississippi Legislature and state courts: Mississippi Legislature and Mississippi Judiciary (courts). These resources explain intestacy and probate procedures under state law.

5. Probate vs. non-probate transfer

Assets that pass by survivorship or by beneficiary designation usually avoid probate. Solely titled assets and tenants-in-common shares generally require probate or an estate administration unless a small-estate procedure applies. Probate establishes the personal representative (executor/administrator), pays valid debts and taxes, and transfers title to heirs.

6. Creditor claims

Even if an asset passes outside probate (for example, to a surviving joint tenant), creditors may still try to collect debts of the decedent. Whether a creditor can reach funds that passed by survivorship depends on the nature of the transfer and state law. In some circumstances a creditor can pursue the decedent's share before the transfer; in others, survivorship rights protect the surviving owner. A Mississippi probate attorney can advise on creditor exposure in a specific case.

7. Common hypothetical examples

• Example A (bank account): Maria and James have a bank account titled "Maria Smith and James Smith, joint tenants with right of survivorship." Maria dies. James brings a certified death certificate to the bank; the bank transfers the account into his name. The account does not pass through probate.
• Example B (bank account without survivorship language): Amy and Tom hold an account simply as "Amy and Tom." The bank cannot rely on survivorship without reviewing the account agreement. If Amy is the primary owner and the account is effectively hers, the bank may freeze funds until probate orders release.
• Example C (real property – tenants in common): Two siblings own a cabin as tenants in common. One sibling dies intestate. The decedent's 50% share is part of the estate and is distributed to that sibling's heirs under Mississippi intestacy laws; the surviving sibling does not automatically become sole owner.
• Example D (married couple and house): Husband and wife hold the home as tenants by the entirety. Husband dies; the wife becomes sole owner automatically and need not open probate to clear title, but she should obtain a certified death certificate and record any required affidavit or survivorship forms in the county land records.

8. Practical next steps for survivors

1. Obtain several certified copies of the death certificate from the county where the death was recorded.
2. Locate account statements, deeds, and beneficiary designations. Look at how each asset is titled.
3. Contact banks, brokerages, and the county recorder to learn their requirements for paying out or retitling assets.
4. If an asset appears to be part of the probate estate, speak with a probate attorney or the county court clerk about starting administration or using a small‑estate procedure if applicable.
5. Keep records of communications and do not distribute estate assets until you understand creditor claims and the court's directions.

Helpful Hints

• Title matters more than intent. Even if an account was intended to be temporary, the recorded title often controls at death.
• Check for beneficiary designations on retirement accounts and life insurance—these trump wills and avoid probate.
• Get legal help early if ownership is unclear or if significant debts exist. Missteps can create personal liability.
• If you are the surviving joint owner, ask the bank in writing which documents it requires to release funds. Keep copies of everything you give the bank.
• For real property, request an official copy of the deed from the county land records to confirm the form of ownership before taking action.
• Mississippi has official probate and court resources; use the state court site at https://courts.ms.gov/ for forms and local probate contact information.

Where to learn more and get help

Consult the Mississippi statutes covering wills and administration (Title 91) and the probate rules through the Mississippi Legislature site: https://www.legislature.ms.gov/. For procedural guidance and local court forms, visit the Mississippi Judiciary at https://courts.ms.gov/. If an issue is complex (disputed ownership, large estate, or creditor problems), contact a licensed Mississippi probate attorney.

Again: this content is for general information only and does not constitute legal advice. For advice about your specific situation, consult a Mississippi-licensed attorney.