Short answer

Generally no. In Mississippi, a wrongful-death recovery is a statutory cause of action for the benefit of certain survivors (usually the decedent’s spouse and next of kin) and is distributed according to the wrongful-death statute and the rules that implement it — not by the decedent’s will. By contrast, a separate survival action (damages the decedent could have recovered if they had lived) belongs to the decedent’s estate and may be handled through probate and a will.

Detailed answer — how Mississippi law treats wrongful death recoveries

Two different legal claims commonly arise when someone dies because of another’s conduct. They have different legal owners and different distribution rules:

• Wrongful-death claim (statutory): This claim is brought to compensate the survivors for their own losses caused by the death (e.g., loss of support, loss of companionship, grief). In Mississippi, wrongful-death actions are statutory — the state creates the cause of action and defines who benefits from it. Because the statute determines who may recover and who benefits, wrongful-death proceeds are distributed according to statute and court orders implementing the statute, not according to the decedent’s testamentary plan.
• Survival action (common-law/statutory survivorship): This claim seeks to recover damages the decedent personally sustained before dying (for example, medical expenses, conscious pain and suffering, lost earnings up to the time of death). Those recovery funds belong to the decedent’s estate. If the decedent left a valid will, the estate assets — including recovery from a survival action — generally pass under the will to the named beneficiaries and are administered through probate.

Which claim applies (or whether both are available) depends on the facts and the timing of the decedent’s injuries and death. Many wrongful-death suits include both wrongful-death and survival claims; settlement documents should carefully identify what portion of the recovery is allocated to each claim because the distribution rules differ.

Mississippi’s wrongful-death law is statutory. The state legislature sets who benefits and who can bring suit. For the text and governing provisions see the Mississippi Legislature’s website (search the Mississippi Code under “Wrongful Death” or Title 11, Chapter 7): https://www.legislature.ms.gov/. Because statutes and interpretation can change, consult the current code and recent Mississippi decisions when evaluating a particular case.

Common hypothetical to illustrate

Hypothetical: Alice dies in a car crash. She left a will leaving everything to her sister, Carol. Alice’s spouse, Bob, brings a wrongful-death claim. If the wrongful-death suit recovers $300,000 as damages for the survivors, Mississippi’s wrongful-death rules will determine who receives that money (typically the spouse and next of kin) — Carol’s rights under Alice’s will will not control distribution of the wrongful-death recovery. Separately, if a survival claim recovers $50,000 for Alice’s pre-death pain and medical bills, that $50,000 is part of Alice’s estate and would pass under her will (so Carol could inherit that portion under the terms of the will).

Who can bring a wrongful-death suit in Mississippi?

Statutes often specify who may file suit (for example, a personal representative or designated survivors). Because a personal representative may be needed to pursue survival claims or to represent the estate in settlement, estates and survivors frequently coordinate through the personal representative or probate court. Check the applicable Mississippi wrongful-death provisions and local practice to confirm the proper plaintiff and procedural steps. See the Mississippi Legislature homepage to locate the specific code sections: https://www.legislature.ms.gov/.

Practical consequences

• If you are a named beneficiary in a will but not an heir-at-law, you may not receive wrongful-death proceeds unless the statute or court order specifically awards them to you.
• If a settlement lumps wrongful-death and survival recoveries together without allocation, disputes can arise over who gets what. It is important to negotiate clear allocation language before finalizing a settlement.
• When minors or incapacitated beneficiaries are involved, courts may require approval of a settlement or appointment of a guardian/conservator to protect their interests.
• Tax and creditor consequences may differ for wrongful-death distributions versus estate assets; check with counsel and a tax advisor.

Helpful hints

• Understand the two claims: wrongful death (benefits survivors) vs. survival (belongs to the estate). That distinction determines whether a will matters.
• Have the settlement allocation in writing. If you’re negotiating a settlement, specify exactly how much is for wrongful death and how much is for survival damages.
• Confirm who is authorized to sue. Mississippi law sets who may bring a wrongful-death action; a personal representative may be required for survival claims.
• Check the statute of limitations. Wrongful-death and survival claims have time limits. Missing the deadline can bar the claim.
• When minors are involved, expect court oversight and possible approval requirements for settlement funds to protect the child’s interests.
• Get an attorney experienced in Mississippi wrongful-death and probate law to advise before settling. Mistakes in allocation or procedure can be costly and difficult to undo.
• Keep good records: death certificate, medical bills, proof of relationship (marriage certificates, birth certificates), and any prior estate planning documents.

Next steps if you’re involved in a Mississippi wrongful-death matter

1. Preserve evidence and document losses (medical bills, income records, proof of dependency).
2. Talk to a lawyer who handles wrongful death and probate in Mississippi to identify which claims to bring, who may sue, and how settlement funds will be distributed.
3. Confirm the allocation in any settlement and, if a survival recovery goes into the estate, confirm how probate and the will will affect distribution.