Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a will in Mississippi and leaves no surviving spouse but two children, Mississippi’s intestate succession law governs how their property passes to heirs. Under Miss. Code Ann. § 91-1-15, if a decedent has no spouse but has one or more descendants, those descendants inherit the entire estate. In this scenario, the two children each receive a 50% share of the net estate.
Miss. Code Ann. § 91-1-3 clarifies distribution per stirpes. Each branch of the family receives its rightful share. If one child predeceased the decedent but left their own children (the decedent’s grandchildren), those grandchildren step into their parent’s share.
The probate process begins when an interested party files a petition for administration in the Chancery Court of the county where the decedent lived. The court issues letters of administration to authorize an administrator—often a close relative—to handle the estate. The administrator must:
- Identify and collect all assets (real estate, bank accounts, personal property).
- Notify and settle creditor claims by publishing notices and responding to valid debts.
- File any required estate and inheritance tax returns.
- Distribute remaining assets to heirs according to statutory shares.
If the estate includes real property, the administrator may sell it or distribute it in kind, subject to court approval. When minor children inherit, the court may require a guardian or a bond to protect their interests until they reach adulthood.
Helpful Hints
- Confirm the absence of a valid will by checking Chancery Court records in the decedent’s county.
- Obtain certified birth certificates for all children to establish heirship.
- Review Title 91, Chapter 1 of the Mississippi Code (Mississippi Intestate Succession Statutes) for detailed rules.
- Maintain clear records of all estate transactions and communications with creditors and heirs.
- Consider hiring a probate attorney if the estate involves real property, disputes, or complex assets.
- Ensure minors’ inheritances are managed properly through court-appointed guardianship or conservatorship.