Detailed Answer
Under Mississippi law, a surviving spouse (and minor children) may claim a “year’s allowance” (often called a family allowance) for support from the decedent’s estate. Mississippi Code Annotated §§ 91-7-145 to 91-7-147 authorize this allowance. The allowance may include cash, income, or specific personal property assets set aside for the claimant’s maintenance during probate (Miss. Code Ann. § 91-7-145).
When you petition the probate court for a year’s allowance, you do not need to list every piece of personal property in the entire estate. Instead, you must itemize the specific assets you want to claim as part of your allowance. Common examples include household furnishings, vehicles, jewelry, or investments sufficient to cover living expenses for one year.
However, Mississippi law separately requires the personal representative (executor) to file a complete estate inventory—listing all personal and real property—within six months of appointment (Miss. Code Ann. § 91-7-181). That comprehensive inventory ensures transparency and protects all beneficiaries. Your petition for the year’s allowance must clearly identify the portion of assets you’re requesting; if you fail to include certain items, you may lose the right to later claim them as part of your allowance.
Key steps:
- Prepare and file your petition within three months after the personal representative’s appointment. Include a list of the personal property items you seek in the allowance.
- Attend the hearing. The court will evaluate whether the requested assets represent a reasonable support allowance for one year.
- Coordinate with the personal representative. They will file the full estate inventory, and your approved year’s allowance will be set aside before other distributions.
Helpful Hints
- Verify deadlines: You typically have three months after appointment to petition for a year’s allowance.
- Be specific: Clearly describe each item (make, model, value) you want for support.
- Estimate values: Provide fair market values to help the court assess reasonableness.
- Keep records: Attach receipts or appraisals if available to support your valuation.
- Consult the personal representative: Ensure no conflicts with other beneficiaries’ claims.
Disclaimer: This article provides general information about Mississippi law and does not constitute legal advice. Consult a qualified probate attorney to discuss your specific situation.