Detailed Answer
In Mississippi, wrongful death proceeds belong to the decedent’s estate. Under Miss. Code Ann. § 11-7-15, all damages awarded for wrongful death actions vest in the decedent’s estate. You distribute the net recovery through probate or estate administration, following Mississippi’s intestate succession rules if there is no valid will.
1. Appoint a Personal Representative. File the decedent’s estate in the local probate court. The court appoints a personal representative (executor or administrator). This fiduciary collects the wrongful death award, pays debts, expenses, funeral costs, and taxes, then distributes the remaining funds.
2. Follow Intestate Succession Rules. If the decedent died without a valid will, apply Miss. Code Ann. § 91-1-15 to distribute proceeds:
- Survived by Spouse and Children: The surviving spouse receives the first $50,000 plus one-half of the remaining balance. The decedent’s children share the other half equally.
- Survived by Spouse Only: The surviving spouse inherits the entire estate.
- No Spouse but Descendants: The decedent’s children or their descendants inherit the entire estate equally.
- No Spouse or Descendants but Parents: The decedent’s parents inherit equally.
- No Close Relatives: Siblings or next of kin inherit; if none exist, the estate escheats to the state.
If the decedent left a valid will, distribute proceeds according to the will’s terms rather than intestate rules. Always confirm the document meets Mississippi’s formal requirements.
Helpful Hints
- Maintain detailed records of all court filings, receipts, and distributions.
- Identify and locate all potential heirs to prevent delays.
- Consult a probate attorney for complex estates or disputes.
- File probate documents within statutory deadlines to avoid penalties.
- Confirm whether the decedent had a will that could override intestate succession.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.