Disclaimer: This is general information, not legal advice. I am not an attorney. For help about a specific estate, contact a Mississippi probate attorney or the local chancery court.

How heirs are identified under Mississippi law — the basic legal framework

When someone dies in Mississippi, ownership of their property depends on two things: whether there is a valid will, and how each piece of property is titled or has a beneficiary designation. If there is a valid will, the will generally controls who inherits (subject to probate court approval). If there is no valid will, Mississippi’s intestacy rules determine the “rightful” heirs.

Mississippi’s laws governing wills, intestate succession, and estate administration are found in the Mississippi Code (Title 91 and related provisions). For full text of the statutes, start at the Mississippi Legislature website: https://www.legislature.ms.gov/ and search Title 91 (Wills, Trusts, and Administration of Estates).

Order of priority under intestacy (general overview)

• Spouse and children (descendants) are first in priority. How the estate is divided between a surviving spouse and children depends on whether the children are also children of the surviving spouse and on what property is separate vs. jointly owned.
• If there is no spouse or descendants, next in line are surviving parents.
• If no parents, the estate goes to siblings and then more remote relatives (nieces/nephews, grandparents, etc.).
• If no lawful heirs can be found, the estate may eventually escheat to the State of Mississippi.

These are general rules. Specific distributions depend on family facts (marriage history, adoption, paternity, children who predeceased the decedent but left their own descendants, etc.). Refer to the Mississippi statutes for precise rules and definitions at the Legislature site: https://www.legislature.ms.gov/ (search Title 91).

How to determine who the rightful heirs are — practical steps

1. Look for a will and funeral paperwork. Check the decedent’s important papers (safe, safe deposit box, attorney’s files). A will may name an executor and list heirs directly.
2. Contact the county chancery clerk or probate court. In Mississippi, chancery courts typically handle probate and estate administration. Ask whether a will has been filed or an estate opened for your grandparent. The Mississippi Courts website is a starting point: https://www.courts.ms.gov/
3. Search online county probate records and deed records. County chancery or county clerk websites maintain probate filings and land records. A recorded deed, trust, or joint tenancy language will show current title or survivorship rights.
4. Check titles and beneficiary designations. Some property passes outside probate: jointly owned real estate with right of survivorship, bank accounts with Payable-on-Death (POD) or Transfer-on-Death (TOD) designations, life insurance, and retirement accounts with named beneficiaries. Contact banks, insurance companies, and retirement plan administrators to learn the named beneficiaries.
5. Order a certified copy of the death certificate. You typically need it to deal with banks, insurers, and the court. County health departments or the Mississippi State Department of Health issue certified death certificates.
6. Compile a family tree and records. Gather birth/adoption/marriage certificates and other documents to establish relationships. If heirs are not obvious, a genealogical search can help find descendants and other relatives.
7. Request a title search for real estate. A title company or real estate attorney can chart ownership history and reveal liens, mortgages, or recorded transfers that affect who currently owns the property.
8. Check for an existing probate file. Even if you don’t start probate, another family member or creditor may have already opened an estate. The chancery clerk can confirm whether a proceeding exists and who the appointed personal representative (executor/administrator) is.

How different kinds of property transfer after death

• Titled property (real estate): Ownership follows the deed. If the deed names joint tenants with right of survivorship, the surviving joint owner becomes sole owner (no probate required). If the property is solely in the decedent’s name, it must pass through probate (unless a TOD deed exists or another non-probate transfer applies).
• Bank accounts and personal property: POD or Payable-on-Death designations transfer directly to the named beneficiary. Otherwise, such assets typically pass through probate.
• Life insurance and retirement accounts: These transfer to listed beneficiaries outside of probate.
• Vehicles: State motor vehicle records and title may reflect transfer-on-death procedures or joint ownership. Contact the Mississippi Department of Public Safety for title questions.
• Small estate procedures: Mississippi may offer simplified procedures for smaller estates that allow quicker distribution without full probate. The chancery court or a probate attorney can explain whether your grandparent’s estate qualifies.

Opening probate in Mississippi and estate administration

If there is a will, someone (often the nominated executor) files the will with the chancery clerk and petitions the chancery court to admit it to probate and appoint a personal representative. If there is no will, an interested person can petition to be appointed administrator. The personal representative inventories assets, gives notice to creditors, pays valid debts and taxes, and distributes the remaining property to heirs under the will or under Mississippi’s intestacy laws.

Because probate is a court process, the chancery clerk’s office is a key resource. Use the Mississippi Courts site for contact information and direction to local chancery courts: https://www.courts.ms.gov/

When to hire help

• Hire a probate attorney if the estate is large, complicated, there are disputes among family members, unclear title issues, or out-of-state assets.
• Use a title company or real estate attorney for real property title research and deed preparation.
• Consider a genealogist if heirs are unknown or family records are incomplete.

Helpful Hints

• Start with the chancery clerk — they can tell you whether a will has been filed or an estate opened in the county.
• Collect and preserve original documents: the original will (if any), deeds, insurance policies, account statements, and any beneficiary forms.
• Look for joint accounts, POD or TOD designations, and jointly held real estate — those often pass without probate.
• Don’t assume an obituary or family story is legally dispositive. Verified documents and court filings govern legal ownership.
• If someone claims to be the “owner” or “executor,” ask to see court paperwork from the chancery court appointing them as personal representative.
• Time matters: some creditor claims and statutory deadlines must be observed during administration of an estate.
• If you suspect hidden assets or unusual transfers, a title search and forensic review of financial records may be necessary.
• Be careful about signing forms or deeds without legal advice — a seemingly simple signature can transfer title irrevocably.

For exact statutory language and detailed rules on intestate succession, wills, and probate procedure, consult the Mississippi statutes (Title 91 and related provisions) at the Mississippi Legislature website: https://www.legislature.ms.gov/ and search for “Title 91” or “probate”. For court-specific procedures and contact details, see the Mississippi Courts website: https://www.courts.ms.gov/.

If you want, provide the county where your grandparent lived and any facts you know about ownership (joint deed, bank accounts, beneficiaries named), and I can suggest the next concrete steps to take.