Detailed Answer
When someone dies without a will in Mississippi, the chancery court appoints an administrator to manage and distribute the estate. Under Mississippi Code § 91-7-1, the court follows a strict priority list: surviving spouse, children, parents, siblings, and other next of kin. If a higher-priority heir exists but cannot or will not serve, the court may appoint a lower-priority applicant, such as your client.
1. Mississippi Intestate Succession Priority
Mississippi Code § 91-7-1 (Miss. Code Ann. § 91-7-1) establishes the order of preference. Your client sits lower on this list if a surviving spouse or child is available. To obtain appointment despite a higher-priority heir:
- Confirm the heir’s identity and relationship.
- Determine if the heir is qualified and willing to serve.
2. Showing Inability or Refusal to Serve
Mississippi Code § 91-7-13 (Miss. Code Ann. § 91-7-13) allows the court to bypass an heir who for any reason fails to qualify within 20 days after notice. Valid grounds include:
- Incapacity or incompetence.
- Non-residency without bond posting.
- Express refusal or disinterest.
- Failure to post required estate bond.
3. Filing the Petition and Providing Notice
Your client must file a petition for letters of administration, identifying all priority heirs. The clerk issues notice by mail or publication. If the higher-priority heir doesn’t respond or qualify within 20 days, your client becomes next in line.
4. Posting Bond and Meeting Qualifications
Under Mississippi Code § 91-7-5 (Miss. Code Ann. § 91-7-5), administrators must post a bond unless waived by all residuary beneficiaries. The bond protects estate creditors and heirs. Your client should:
- Obtain court-approved bond amount.
- Complete a background check if required.
- Demonstrate financial responsibility.
5. Timeline and Court Hearing
If no higher-priority heir qualifies within 20 days, the court schedules a hearing. Your client presents proof of notice, bond, and fitness. The judge issues letters of administration, and your client assumes duties.
Disclaimer: This article provides general information on Mississippi intestate administration. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Review Miss. Code Ann. § 91-7-1 through § 91-7-13 for detailed rules.
- Communicate with higher-priority heirs early to gauge interest.
- Gather financial statements for bond qualification.
- Keep clear records of all court notices and filings.
- Consider waivers if residuary beneficiaries agree to reduce or waive bond.
- Consult a probate attorney to navigate complex disputes.