Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Probate of Life Insurance Proceeds
When a decedent dies owning a life insurance policy without naming a beneficiary, the policy proceeds generally become part of the probate estate. Under Mississippi law, the proceeds are payable to the estate for distribution under probate administration. An executor or administrator must submit a claim to the insurer and obtain a receipt or release before any funds disburse.
Refer to Miss. Code Ann. § 91-5-17 for the treatment of life insurance proceeds when no beneficiary is designated: https://law.justia.com/codes/mississippi/1996/title-91/chapter-5/section-91-5-17/.
2. Filing a Probate Petition
An interested party (typically the surviving spouse or next of kin) must petition the Chancery Court in the county where the decedent resided to open an estate. The petition requests letters of administration or letters testamentary (if a will exists). Key steps include:
- Filing the petition under Miss. Code Ann. § 91-7-301: https://law.justia.com/codes/mississippi/1984/title-91/chapter-7/section-91-7-301/
- Publishing notice to creditors and heirs
- Inventorying estate assets, including the life insurance claim
3. Determining Intestate Heirs
If the decedent did not leave a valid will, Mississippi’s intestate succession statutes govern distribution. Under Miss. Code Ann. § 91-1-15, the order of distribution is:
- Surviving spouse and children (if any)
- Children only (if no spouse)
- Parents, siblings, and more remote relatives
See the full statute here: Miss. Code Ann. § 91-1-15.
4. Enforcing Distribution
Once all claims resolve and administration concludes, the executor files a final account and a petition for distribution. The court issues an order directing disbursement of assets, including insurance proceeds.
If an heir refuses to comply with the distribution order, you may:
- File a motion for contempt against the non-compliant heir
- Seek a turnover order under the court’s equitable powers
- Request the court to issue a declaratory judgment to clarify rights
Helpful Hints
- Gather a certified copy of the death certificate and the original insurance policy.
- Keep detailed records of all probate filings and communications with the insurer.
- Identify and notify all potential heirs to avoid future contests.
- Consult Mississippi’s probate forms available from your county chancery clerk.
- Consider hiring a probate attorney if disputes arise or the estate is complex.