When a surviving spouse files for an allowance from a decedent’s estate in Mississippi, the probate court requires proof of marriage. A complete marriage certificate serves as prima facie evidence. If your certificate is incomplete or missing, you must present alternative proof. Below is a detailed answer and practical guidance under Mississippi law.
Detailed Answer
Mississippi Law on Surviving Spouse Allowance
Miss. Code Ann. § 91-7-321 (link) entitles a surviving spouse to a statutory allowance—currently up to $25,000—from the personal estate of the decedent. This allowance supports the spouse during estate administration, before property distribution.
Role of the Marriage Certificate
Under Miss. Code Ann. § 93-1-15 (link), a certified copy of the marriage record is prima facie proof of the marriage. Probate courts treat that certificate as sufficient proof of marital status unless challenged.
Consequences of an Incomplete or Missing Certificate
If you lack a valid certificate, the court may delay or deny the allowance until you prove the marriage. Delays can increase estate costs and defer your access to funds. Without credible proof, the court may limit or reject your claim.
Alternative Proof Methods
- Affidavits from the officiant, witnesses, or family members present at the ceremony.
- Church or officiant records documenting the marriage.
- Joint federal or state income tax returns filed as “married.”
- Insurance policies naming each other as beneficiaries.
- Newspaper announcements, census records, or baptismal registers.
- Children’s birth certificates listing both parents.
Helpful Hints
- Request a certified replacement from the county clerk where you married. See Miss. Code Ann. § 93-1-11 (link).
- Store digital and paper copies in separate secure locations.
- Obtain notarized affidavits early from anyone who attended the wedding.
- File your allowance petition promptly—Miss. Code Ann. § 91-7-315 (link) requires you to claim within ten days after a personal representative’s appointment.
- Keep records of any alternative evidence you submit to the court.
- Consult a probate attorney if the court challenges your proof or denies your petition.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Mississippi for guidance on your specific situation.