Surviving Spouse Rights in Mississippi When a Partner Dies Intestate

Quick overview: If your spouse died without a will in Mississippi (intestate), you have legal rights to inherit, to participate in the probate process, and to ask the court to appoint you as the estate administrator. Exactly what you receive depends on who else the decedent left behind (children, parents, etc.). If the decedent’s family is excluding you from decisions, you can ask the probate court to enforce your rights.

Detailed answer — What your rights usually include under Mississippi law

1. Intestate inheritance — who gets what

When someone dies without a valid will, Mississippi’s intestacy rules determine how the estate is divided. Basic principles you should know:

• If the decedent left no descendants (children, grandchildren) and no surviving parents, the surviving spouse generally inherits the entire intestate estate.
• If the decedent left descendants who are also descendants of the surviving spouse (for example, children the couple had together), the surviving spouse often receives the entire estate.
• If the decedent left descendants who are not descendants of the surviving spouse (for example, children from a prior marriage), the surviving spouse commonly receives a share (often one-half) of the intestate estate and the decedent’s other children share the remainder.

Because Mississippi statutes set the precise shares and since the facts determine which rule applies, you should check the state’s descent-and-distribution provisions or consult an attorney. The Mississippi Legislature’s official site for the Code is a good place to start: https://www.legislature.ms.gov/ (search “descent and distribution” or Title 91).

2. Right to participate in probate and to be appointed administrator

After a person dies, someone must open an estate in probate court. If there is no will, interested persons (most commonly the surviving spouse) can petition the county probate court for letters of administration. As a surviving spouse, you are a prime candidate for appointment. If a family member has already acted without court authority, you can ask the probate court to remove them and appoint you instead.

3. Possession of certain property and immediate protections

• Immediate access: You may have the right to certain household goods, clothing, and personal effects as part of the family allowance or homestead protections the statutes provide. The probate court can order return of property if family members have taken items improperly.
• Use of homestead: Mississippi law provides protections for the surviving spouse regarding the family home (homestead rights). Those protections can influence possession and use while the estate is administered.
• Bank accounts and pay-on-death (POD) or joint accounts: Accounts titled solely in the decedent’s name might be frozen pending probate, but jointly owned accounts or properly designated POD accounts usually pass directly to the named co-owner/beneficiary.

4. Ability to challenge wrongful actions by decedent’s family

If the decedent’s family is excluding you from decisions or removing you from the home, you can bring matters to probate court. Typical options include:

• Petition to be appointed administrator of the estate.
• Petition for an accounting if someone is acting as a fiduciary (holding estate assets) and you believe they are mishandling funds.
• Emergency request for injunctive relief or an ex parte order if property is being hidden or disposed of to frustrate the estate process.

5. Survivor allowances and support during administration

Mississippi law provides for certain allowances to support the surviving spouse and minor children during estate administration (commonly called a family allowance or homestead allowance). These payments are meant to supply immediate, reasonable living expenses while the estate is settled. You can ask the probate court for these allowances early in the probate process.

6. Practical limits and timing

Probate courts follow procedures and timelines. If you want to be administrator or challenge wrongful acts, act promptly. Delays can allow others to take steps that courts may later find hard to unwind. Filing a petition with the probate court starts the official process and preserves your rights.

What you should do right now — a step-by-step action checklist

1. Obtain multiple certified copies of the death certificate (county health department or state office). You will need these for banks and government agencies.
2. Locate any financial records, titles, deeds, insurance policies, and account statements you can find.
3. Contact the county probate clerk in the county where your spouse lived to ask how to open an intestate probate matter (clerk’s office can explain local filing requirements).
4. If a family member is trying to make decisions without court authority or is removing property, consider filing an emergency petition in probate court asking for temporary relief and appointment of a personal representative.
5. Keep a written list of what was taken or withheld, with dates and witnesses, and preserve any communications (texts, emails) that show exclusion.

When to hire an attorney

Consider hiring a probate or estate attorney if any of the following apply:

• The decedent owned substantial assets (real estate, business interests, bank accounts, retirement plans).
• The decedent’s family is actively excluding you, hiding assets, or controlling access to the home.
• You want to be appointed administrator but another person has already started acting as one.
• There are allegations of wrongdoing, fraud, or contested inheritance claims.

An attorney can prepare and file petitions, request emergency court orders, and protect your rights to inherit and to possession while the estate is settled.

Where to look in Mississippi law

Mississippi’s probate and intestacy provisions are in the Mississippi Code (look for the chapters on descent, distribution, and probate procedure). The official Mississippi Legislature site is the primary source for the Code: https://www.legislature.ms.gov/ (search for “descent and distribution” or “probate”). For forms and local practice, contact the probate clerk in the county where the decedent lived.

Helpful Hints

• Act quickly: probate deadlines and the risk of asset dissipation make early action important.
• Collect documentation: death certificate, marriage certificate, birth certificates for children, deeds, and account statements strengthen your position.
• Don’t accept verbal promises from family members; get court orders when possible to protect your rights.
• Ask the probate clerk for a list of documents required to open an intestate estate in your county—procedures vary by county.
• If someone claims a joint account or beneficiary designation, verify account titles and beneficiaries in writing with the bank or plan administrator.
• Keep records of any money you pay for estate needs (mortgage, utilities); these can be reimbursable from the estate if you become the administrator.
• If safety becomes an issue (for example, forced removal from the home), contact local law enforcement and seek an emergency order in probate court.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and every situation is different—consult a licensed Mississippi attorney to get advice tailored to your case.