Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
When a Mississippi homeowner dies without a will (intestate) and leaves behind real estate with multiple heirs, the title to the home transfers through Mississippi’s intestate succession and probate procedures. Here are the key steps and legal rules:
1. Open a Probate Administration
Heirs must file a petition in the chancery court of the county where the decedent lived. The court appoints an administrator (personal representative) to collect assets, pay debts and manage the estate.
2. Determine Heirs and Share of Ownership
Mississippi Code dictates how property passes when there’s no will. Under Miss. Code Ann. § 91-1-15, shares distribute as follows for separate property (such as most homes):
- If there’s a surviving spouse and children: the spouse receives half and the children share the other half equally.
- If only children survive: they share the property equally.
- If no spouse or descendants: parents or other relatives inherit under a defined order of priority.
3. Obtain Court Order of Distribution
After settling debts, the administrator asks the court to issue an order of distribution. This order officially names the heirs and their percentage interests in the home.
4. Record the Certificate of Authority to Transfer
The chancery clerk issues a Certificate of Authority to Transfer Real Property. Recording this certificate in the land records transfers legal title to the heirs in proportion to their shares.
5. Co-Ownership and Rights of Partition
Once recorded, the heirs become tenants in common, each holding an undivided interest. If the heirs cannot agree on using or selling the home, any heir may file a partition action in chancery court under Miss. Code Ann. § 11-27-23. The court can order a physical division or sale, with proceeds divided according to each heir’s interest.
Helpful Hints
- Start probate promptly—Mississippi law may bar claims after certain deadlines.
- Hire an attorney or qualified title company familiar with Mississippi probate and land records.
- Gather all deeds, mortgage statements and property tax records before filing.
- Discuss family options early—agreeing on sale vs. keeping the property avoids court partitions.
- Maintain clear communication between co-owners on property upkeep and expenses.