Detailed Answer — How to claim your share when a parent dies intestate in Mississippi

This answer explains the common steps and legal rules that apply when a Mississippi resident dies without a will (called “intestate”). It describes how heirs identify and claim their share, how an estate is opened and administered, and what paperwork and deadlines typically apply. This is educational information only and not legal advice.

1. Confirm intestacy and gather basic documents

First confirm your mother died without a valid will. Obtain several certified copies of the death certificate from the county health office or the funeral home. Gather documents that show what she owned and owed: bank and retirement account statements, vehicle titles, deeds, mortgage statements, bills, insurance policies, and any notice of outstanding debts.

2. Figure out who the heirs are under Mississippi law

When someone dies intestate, Mississippi law determines which relatives inherit. The usual order is: surviving spouse and children; if no spouse or children, then parents; if none, then siblings; and then more remote relatives. The exact share depends on which family members survive the decedent. See the Mississippi statutes that govern descent and distribution for the precise rules. A good starting place for the statutory text is Title 91 (Descent and Distribution) of the Mississippi Code: https://www.legislature.ms.gov/ (look under the Mississippi Code – Title 91).

3. Decide whether a simplified/small‑estate process applies

Mississippi provides informal procedures for small estates or for transferring certain types of assets (payable‑on‑death accounts, jointly held property, or small personal property). The availability and dollar limits change over time; ask the county chancery clerk whether a small‑estate affidavit, summary administration, or other simplified transfer is available where your mother lived. If a simplified process applies, you may be able to collect certain assets without a full administration.

4. Open an estate (apply for administration) in the correct court

Most Mississippi probate matters are handled through the county Chancery Court or the Chancery Clerk’s office. To administer an intestate estate you (or another heir) must file a petition to open estate and ask the court to appoint an administrator (sometimes called “executor” if a will existed, but “administrator” for intestacy). The court issues letters of administration which give the administrator authority to collect assets, pay debts, and distribute the estate.

Contact the Chancery Clerk’s office in the county where your mother lived to learn the local filing steps, forms, and fees. Mississippi court information and a directory of courts is available at the Mississippi Judiciary site: https://courts.ms.gov/

5. Notice to heirs and creditors; inventory and appraisal

After appointment, the administrator must identify and inventory estate assets, notify known heirs and creditors, and publish any required creditor notices. The administrator collects assets, pays valid debts and taxes, and preserves estate property for distribution. The timing varies; creditors typically have a limited period to make claims against the estate.

6. Resolve debts and distribute remaining assets per Mississippi intestacy rules

Once debts, taxes (including final income tax and possible estate tax issues), and administrative expenses are paid, the administrator distributes the remaining property to heirs according to Mississippi intestate succession rules. How much each heir receives depends on who survives the decedent (spouse, children, grandchildren, parents, siblings, etc.). Because these allocations can be fact‑specific, consult the statutes or the chancery clerk for the exact distribution rules.

7. Common practical issues you may encounter

• Assets held jointly with right of survivorship pass automatically to the joint owner and normally are not part of the probate estate.
• Retirement accounts and life insurance payable‑on‑death pass to named beneficiaries and usually avoid probate.
• Real property owned solely by the decedent typically requires probate to transfer title unless a survivorship device or small‑estate procedure applies.
• If heirs disagree about who should be the administrator or about asset distribution, the court resolves disputes and can appoint an independent administrator.

8. When you should consider legal help

If the estate is complex, if there are contested claims among heirs, if significant taxes may be due, if creditors make claims, or if you are unsure how to proceed, an attorney experienced in Mississippi probate and intestate succession can advise you, help prepare and file court papers, and represent you in court. If you cannot afford an attorney, the chancery clerk may provide information about local legal aid or pro bono resources.

Important statutory references and resources

Key state resources and courts to consult:

• Mississippi Code (Descent and Distribution, Title 91) — Mississippi Legislature: https://www.legislature.ms.gov/ (search for “Title 91” or “Descent and Distribution”).
• Mississippi Judiciary (Chancery Courts and court contacts): https://courts.ms.gov/
• Contact the county Chancery Clerk in the county where your mother lived for local forms, filing requirements, and fee schedules.

Bottom line: To claim your share, identify heirs, gather records, determine whether a small‑estate transfer applies, and—if not—open an administration in the county chancery court. The court will appoint an administrator who collects assets, pays debts, and distributes the remainder according to Mississippi intestate succession rules. Because the exact shares and procedures can be technical and fact‑dependent, consider speaking with a probate attorney or the chancery clerk for help specific to your situation.

Disclaimer: This article is educational only. It does not constitute legal advice. For advice about a particular situation, consult a licensed Mississippi attorney.

Helpful Hints — Practical checklist to claim your share

• Get several certified death certificates early — banks, title companies, and the court will ask for them.
• Make a list of known assets and creditors before filing for administration.
• Call the county Chancery Clerk where your mother lived to ask about small‑estate procedures and to get required forms and fee information.
• If someone is already acting as administrator, ask for a copy of the letters of administration and the estate inventory.
• Gather documents proving your relationship (birth certificate, marriage records) if you must prove heirship.
• Keep careful records of estate transactions and receipts during administration; the administrator must account to the court and to heirs.
• Ask whether any assets have named beneficiaries or are jointly owned — those often pass outside probate.
• If unsure about distribution or if disputes arise, consult a probate attorney early to avoid costly court fights later.