Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a Mississippi resident dies without a valid will, the state’s intestate succession statutes determine who inherits the estate. Under Mississippi law, if the decedent leaves no surviving spouse but does leave children, the entire estate passes to those children in equal shares. This rule appears in Miss. Code Ann. § 91-1-15, which you can review here: Miss. Code Ann. § 91-1-15.
In your scenario—a decedent with no spouse and three living children—each child will inherit one-third of the probate estate. The personal representative handling the estate must petition the Chancery Court in the county where the decedent lived. Once the court confirms the intestate heirs, the representative distributes assets accordingly.
Key points to keep in mind:
- “Estate” for intestate purposes includes all probate assets after debts, funeral costs, and administration expenses are paid.
- If one of the three children predeceased the decedent but left descendants, that child’s share passes by right of representation to his or her own children.
- If a child dies without descendants, that child’s share is split equally among the surviving siblings.
Helpful Hints
- Identify all probate assets—bank accounts, real property, personal property—before calculating shares.
- Hire a local probate attorney to file the necessary petitions and notices in Chancery Court.
- Gather certified death certificates and birth records for each heir to prove relationship.
- Notify all potential heirs and creditors as required by Miss. Code Ann. § 91-7-109.
- Consider mediation if family members dispute heirship or asset valuation.