Detailed Answer
When a person dies without a valid will, Mississippi’s intestacy laws govern how the estate passes to heirs. Dying intestate triggers a statutory framework under Mississippi Code Title 91, Chapter 1.
Definition of Intestacy
“Intestacy” means the absence of a valid will. Under Miss. Code Ann. § 91-1-1, a decedent who dies intestate has no testamentary instrument controlling asset distribution.
Who Qualifies as an Heir?
Mississippi law recognizes heirs in a priority sequence:
- Surviving spouse
- Descendants (children, grandchildren)
- Parents
- Siblings
- More distant relatives
- The State of Mississippi (if no heirs)
Distribution Rules
Under Miss. Code Ann. § 91-1-7, the estate divides as follows:
- Spouse only (no descendants): Surviving spouse inherits the entire estate.
- Spouse and descendants all from spouse: Surviving spouse inherits all.
- Spouse and descendants not all from spouse: Surviving spouse receives half, descendants share half equally.
- Descendants only (no spouse): Descendants inherit equally by representation.
- No spouse or descendants: Estate goes to parents equally, or to surviving parent.
- No spouse, descendants, or parents: Estate passes to siblings or their descendants.
- No closer heirs: Estate passes to more remote kin or escheats to the State of Mississippi.
Impact of Adoption and Paternity
Adopted children have the same inheritance rights as biological children under Miss. Code Ann. § 91-1-15. Unmarried partners and stepchildren inherit only if formally adopted.
Estate Administration
An interested party can file for letters of administration in the chancery court of the decedent’s county. The administrator collects assets, pays debts, and distributes the estate according to intestacy rules.
Helpful Hints
- Locate all heirs early to speed up the process.
- Review marriage and adoption records to confirm heirship.
- Gather full asset information before petitioning the court.
- Consult an attorney to navigate complex family scenarios.
- Prepare an estate plan to avoid intestacy and control asset distribution.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.