Including Heirs of a Deceased Sibling in a Mississippi Partition Action — What You Need to Know

Short answer: Yes. If your deceased sibling owned an interest in real property that is the subject of a partition action, that decedent’s interest passes to his or her estate and ultimately to heirs or devisees. Those persons (or the decedent’s personal representative) must be made parties to the partition action so the court can fully resolve ownership and divide or sell the property.

How this works under Mississippi law

When two or more people own land (for example, as tenants in common), any co-owner may file a lawsuit asking the court to partition the property — either physically divide it or order a sale and divide the proceeds. If a co-owner died before the partition, the decedent’s legal interest does not disappear. That interest survives and is held by the decedent’s estate, heirs, or devisees. To conclude title to the property and allow the court to divide or sell it, the partition plaintiff must include whoever holds the decedent’s interest as parties to the case.

Mississippi’s statutes and court rules govern how parties are named, how service is made, and what happens when heirs are unknown or hard to find. See the Mississippi Code and court rules for guidance: Mississippi Code (official site) and the Mississippi Judiciary rules pages for civil procedure.

Typical steps to add heirs of a deceased sibling to a partition action (practical checklist)

Confirm how the deceased held title and whether an estate exists.

Find the deed (to confirm joint tenancy vs. tenancy in common) and check whether someone opened probate for the decedent. If the property was held as tenants in common, the decedent’s share passes by will or intestacy to heirs or the estate. If the decedent held title as joint tenants with right of survivorship, the interest may have passed automatically to the surviving co-owner(s).
If there is a personal representative (executor/administrator):

That representative represents the decedent’s interest in litigation. Name the personal representative as a party (for example, “John Doe, as Executor of the Estate of Jane Doe”). Serving the personal representative is usually sufficient to bind the estate.
If there is no opened estate:

Identify the decedent’s heirs (by will or by intestacy). If the decedent died intestate, Mississippi law defines who the heirs are under the descent and distribution rules. You should name each heir as a defendant in the partition complaint so the court can determine their rights.
When heirs are unknown or cannot be located:

If you cannot find an heir after reasonable effort, Mississippi courts allow alternative methods: service by publication, service on the estate’s personal representative if one is later appointed, or naming “unknown heirs” with a request for substituted service and appointment of a guardian ad litem to represent unknown parties. The court will give instructions on protecting the interests of absentee parties before approving a partition or sale.
File a partition complaint that names all necessary parties.

The complaint should describe the property, explain each party’s claimed interest, state that partition is requested, and identify the deceased owner and the persons who now hold that owner’s interest (heirs or personal representative). Attach any probate documents if a personal representative exists.
Provide proper service of process.

Serve each named heir or the personal representative according to Mississippi rules. If a person cannot be located, follow the court’s procedures for substituted service or publication so the court can proceed without leaving anyone’s interest unaddressed.
Expect possible appointment of a guardian ad litem.

If the court finds that some heirs are minors, incapacitated, or unrepresented, it may appoint a guardian ad litem or attorney to protect their interests during the partition proceeding.
Title clearing and distribution.

After the court orders partition or sale, the judgment will determine how proceeds or divided property are distributed among the named owners or their successors in interest.

Common scenarios (hypothetical examples)

Scenario A — Probate opened:

Mary and Joe owned a house as tenants in common. Joe died and his daughter became the personal representative of Joe’s estate. Mary files a partition suit and names “Jane Doe, Personal Representative of the Estate of Joe Doe” as a defendant. Service on Jane binds the estate.
Scenario B — No probate, heirs known:

Sam and his sister Lisa owned a lot as tenants in common. Lisa died without a will; her two children are her heirs. Sam files a partition suit naming Lisa’s two children as defendants so the court can divide or sell the lot and distribute Sam’s and Lisa’s shares accordingly.
Scenario C — Heirs unknown or unlocatable:

If an heir cannot be found after a reasonable search, the plaintiff may ask the court to allow service by publication and to appoint a guardian ad litem to represent unknown heirs’ interests. The court then may proceed and later resolve claims against proceeds if an heir comes forward.

Relevant Mississippi resources

Mississippi Code (searchable resource on the official legislature site) — use this to look up statutes on partition, descent and distribution, and estate representation.
Mississippi Judiciary (official site) — for court rules and procedural guidance, including civil procedure and local rules for service and publication.

Helpful hints

Start with a title search to confirm the decedent’s ownership form (joint tenancy vs. tenancy in common) and to identify any recorded wills, mortgages, liens, or probate filings.
If an estate exists, name the personal representative rather than each individual heir when possible — that simplifies service and resolution.
Keep clear records of your efforts to locate missing heirs (addresses searched, certified mail attempts, online searches); the court will want evidence before allowing alternative service.
Expect the court to require notice to all persons with an interest before approving a sale or division; incomplete notice risks later challenges to the judgment.
Consider mediation or negotiated buyout if heirs or co-owners want to avoid litigation costs and delays.
Consult a local Mississippi attorney experienced in real property and probate matters if ownership is complex, heirs are contested, or some parties are unknown.

Disclaimer: This article explains general principles of Mississippi law and common practice for partition actions, but it is not legal advice. It does not replace consultation with a licensed attorney who can evaluate your facts, deadlines, and procedural options.