How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Mississippi Intestacy Law? | Mississippi Probate | FastCounsel
MS Mississippi

How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Mississippi Intestacy Law?

Disclaimer: This article provides general information on Mississippi intestacy law. It is not legal advice. Consult a licensed attorney for guidance tailored to your situation.

Detailed Answer

1. Identifying Real Property vs. Personal Assets

Under Mississippi law, your estate splits into two main categories:

2. Inventorying the Estate

Once the court appoints a personal representative, they must file an inventory of all estate assets:

  • Deadline: within three months of appointment. See Miss. Code Ann. § 91-7-101 (requirements for inventory).
  • Contents: A detailed list of each asset, its fair market value at the date of death, and its location or account identifier.
  • Real property entries must include legal descriptions and assessed values.
  • Personal assets entries should group items by category (cash, securities, vehicles, valuables).
  • Filing: Submit the inventory to the chancery clerk’s office in the county where probate occurs.

3. Distribution Under Intestacy

If someone dies without a valid will, Mississippi follows statutory rules to distribute the estate. See Miss. Code Ann. § 91-1-15 (distribution order).

  1. Surviving Spouse and No Descendants: The spouse receives the entire estate.
  2. Surviving Spouse with Descendants All From the Spouse: The spouse inherits all.
  3. Surviving Spouse with Descendants From the Decedent and Spouse: The spouse receives the first $100,000 plus one-half of the balance; descendants share the rest.
  4. No Surviving Spouse: The estate passes to descendants equally per stirpes.
  5. No Spouse or Descendants: Assets go to parents, then siblings, then more remote relatives per statute order.
  6. No Heirs Found: The state eventually claims the property (escheat).

Helpful Hints

  • Begin gathering deeds, titles, account statements, and receipts early.
  • Confirm fair market values with appraisals for real property.
  • List digital assets (online accounts, cryptocurrency) and include access instructions.
  • Meet probate filing and inventory deadlines to avoid court sanctions.
  • Keep clear records of funeral and administration expenses; these pay before distributions.
  • Review your family tree to identify all potential heirs under Miss. Code Ann. § 91-1-15.
  • Consider mediation if heirs dispute asset values or distribution shares.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.