Short answer: Under Mississippi practice, assets that pass automatically to your mother by right of survivorship generally pass outside probate and do not belong on the estate inventory filed for the decedent’s probate estate. You should, however, document those nonprobate transfers and be ready to show proof if the court, creditors, or heirs ask for it.

What “right of survivorship” means

Right of survivorship means title to property is held so that, when one owner (the decedent) dies, ownership automatically vests in the surviving owner (your mother) without needing probate. Common examples include:

• Real property held as joint tenants with right of survivorship;
• Bank accounts titled as joint tenants with right of survivorship;
• Payable‑on‑death (POD) bank accounts and transfer‑on‑death (TOD) securities;
• Retirement plans or life insurance with a named beneficiary.

Why these assets are usually not part of the probate inventory

The probate inventory is generally a list of assets that make up the decedent’s probate estate — assets that must be administered by the personal representative under Mississippi probate rules (Title 91). Assets that transfer automatically by contract, operation of law, or beneficiary designation typically never become part of the probate estate because title moves immediately to the survivor or beneficiary at death. That means you normally do not list these nonprobate items on the inventory prepared for probate purposes.

Important exceptions and practical issues

Even though most survivorship transfers skip probate, several situations require extra care:

• Disputed or defective transfers: If a joint title or beneficiary designation is contested (e.g., alleged fraud, forged signature, or the joint tenancy was created to improperly defeat creditors), a court may look at the asset and it could become contested in probate.
• Decedent retained an interest: If the decedent retained a legal or equitable interest (for example, only one name was on the deed but funds came from the decedent’s separate property), the asset’s status may be unclear and might need disclosure or court resolution.
• Creditor claims: Creditors generally pursue the probate estate first. In limited circumstances courts may allow creditors to reach nonprobate assets depending on facts and Mississippi law.
• Small‑estate procedures or ancillary proceedings: Some administrative forms or letters of administration may ask you to list nonprobate assets for full accounting, tax filings, or to resolve claims.

What you should do

1. Gather documentation proving the survivorship transfer: recorded deed showing joint tenancy with right of survivorship, bank account statements listing joint title or POD language, beneficiary designations, and certified copy(s) of the death certificate.
2. Do not include automatic survivorship assets in the probate inventory unless the court form explicitly asks for nonprobate assets or the personal representative is instructed to list them for accounting purposes.
3. If the probate clerk or the court asks for a full statement of the decedent’s assets, provide a separate schedule titled “Nonprobate assets passing outside probate (survivorship/beneficiary designations)” with copies of the supporting documents.
4. If anyone contests the ownership or claims creditors may reach those assets, consult a Mississippi probate attorney promptly to avoid unintended exposure or loss of creditor protections.

Where to look in Mississippi law

Mississippi’s probate laws and court practice govern what the personal representative must inventory and distribute. For the statutory text and probate code provisions, consult Mississippi’s statutes for Title 91 (Probate) through the Mississippi Legislature website: https://www.legislature.ms.gov/. If you need the exact probate inventory rules, search Title 91 on that site or ask a probate clerk how the local court expects inventories and schedules to be filed.

When to contact an attorney

Contact a Mississippi probate lawyer if any of these apply:

• Someone disputes the survivorship claim or alleges the account/deed was created improperly;
• Creditors are making claims that might reach nonprobate assets;
• You are unsure whether the decedent truly lost all title during life or whether the decedent retained some interest;
• You need help preparing an inventory and separate schedule so you meet Mississippi probate court requirements.

Disclaimer: This information explains general principles under Mississippi probate practice and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, contact a licensed Mississippi attorney.

Helpful Hints

• Keep originals or certified copies of deeds, account statements, beneficiary forms, and the death certificate in one folder.
• When you file probate forms, attach a separate schedule titled “Nonprobate assets” if the court or the form requires disclosure of assets passing outside probate.
• Ask the bank or title company for a certified statement showing that the asset passed by survivorship if someone later challenges the transfer.
• Do not mix up joint ownership for convenience (where the decedent intended only to allow access) and true joint tenancy with right of survivorship; the legal effect can differ.
• If the asset is real estate, check the recorded deed for language creating a right of survivorship or joint tenancy; county land records will show the recorded instrument.
• Even when assets pass outside probate, include their value in estate tax or income tax returns if required.
• When in doubt, disclose clearly and separately: transparency reduces conflict and shows you acted responsibly as personal representative or successor.