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Disclaimer: This article provides general information on Mississippi intestacy law. It is not legal advice. Consult a licensed attorney for guidance tailored to your situation.

Detailed Answer

1. Identifying Real Property vs. Personal Assets

Under Mississippi law, your estate splits into two main categories:

• Real Property: Land, buildings, mineral rights, timber, and other fixtures. See Miss. Code Ann. § 91-1-5 (definition of “real estate”).
• Personal Assets (Personal Property): Automobiles, bank accounts, jewelry, stocks, household items, and intellectual property. See Miss. Code Ann. § 91-1-7 (definition of “personal property”).

2. Inventorying the Estate

Once the court appoints a personal representative, they must file an inventory of all estate assets:

• Deadline: within three months of appointment. See Miss. Code Ann. § 91-7-101 (requirements for inventory).
• Contents: A detailed list of each asset, its fair market value at the date of death, and its location or account identifier.
• Real property entries must include legal descriptions and assessed values.
• Personal assets entries should group items by category (cash, securities, vehicles, valuables).
• Filing: Submit the inventory to the chancery clerk’s office in the county where probate occurs.

3. Distribution Under Intestacy

If someone dies without a valid will, Mississippi follows statutory rules to distribute the estate. See Miss. Code Ann. § 91-1-15 (distribution order).

1. Surviving Spouse and No Descendants: The spouse receives the entire estate.
2. Surviving Spouse with Descendants All From the Spouse: The spouse inherits all.
3. Surviving Spouse with Descendants From the Decedent and Spouse: The spouse receives the first $100,000 plus one-half of the balance; descendants share the rest.
4. No Surviving Spouse: The estate passes to descendants equally per stirpes.
5. No Spouse or Descendants: Assets go to parents, then siblings, then more remote relatives per statute order.
6. No Heirs Found: The state eventually claims the property (escheat).

Helpful Hints

• Begin gathering deeds, titles, account statements, and receipts early.
• Confirm fair market values with appraisals for real property.
• List digital assets (online accounts, cryptocurrency) and include access instructions.
• Meet probate filing and inventory deadlines to avoid court sanctions.
• Keep clear records of funeral and administration expenses; these pay before distributions.
• Review your family tree to identify all potential heirs under Miss. Code Ann. § 91-1-15.
• Consider mediation if heirs dispute asset values or distribution shares.