Elective Share in Mississippi
State-specific overview · Estate & Probate
A surviving spouse receives one-half of the separate property estate if there are no children.
How Mississippi treats Elective Share
Mississippi law treats elective share rights differently depending on whether property is classified as separate or community property. A surviving spouse may claim one-half of the separate property estate if the deceased spouse left no children. If children exist, the surviving spouse's share is typically one-third of the separate property. Mississippi's approach emphasizes the distinction between separate and community property, which affects the calculation of the elective share. The surviving spouse must elect this right within a specified period after the will is probated.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Mississippi.