How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in Mississippi

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

1. Probate of Life Insurance Proceeds

When a decedent dies owning a life insurance policy without naming a beneficiary, the policy proceeds generally become part of the probate estate. Under Mississippi law, the proceeds are payable to the estate for distribution under probate administration. An executor or administrator must submit a claim to the insurer and obtain a receipt or release before any funds disburse.

Refer to Miss. Code Ann. § 91-5-17 for the treatment of life insurance proceeds when no beneficiary is designated: https://law.justia.com/codes/mississippi/1996/title-91/chapter-5/section-91-5-17/.

2. Filing a Probate Petition

An interested party (typically the surviving spouse or next of kin) must petition the Chancery Court in the county where the decedent resided to open an estate. The petition requests letters of administration or letters testamentary (if a will exists). Key steps include:

3. Determining Intestate Heirs

If the decedent did not leave a valid will, Mississippi’s intestate succession statutes govern distribution. Under Miss. Code Ann. § 91-1-15, the order of distribution is:

  • Surviving spouse and children (if any)
  • Children only (if no spouse)
  • Parents, siblings, and more remote relatives

See the full statute here: Miss. Code Ann. § 91-1-15.

4. Enforcing Distribution

Once all claims resolve and administration concludes, the executor files a final account and a petition for distribution. The court issues an order directing disbursement of assets, including insurance proceeds.

If an heir refuses to comply with the distribution order, you may:

  • File a motion for contempt against the non-compliant heir
  • Seek a turnover order under the court’s equitable powers
  • Request the court to issue a declaratory judgment to clarify rights

Helpful Hints

  • Gather a certified copy of the death certificate and the original insurance policy.
  • Keep detailed records of all probate filings and communications with the insurer.
  • Identify and notify all potential heirs to avoid future contests.
  • Consult Mississippi’s probate forms available from your county chancery clerk.
  • Consider hiring a probate attorney if disputes arise or the estate is complex.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.