Intestate Succession in Mississippi
State-specific overview · Estate & Probate
Mississippi divides the estate equally among surviving children, with the spouse receiving only a life interest if children exist.
How Mississippi treats Intestate Succession
If children survive, the spouse receives a life estate in one-third of the property while children own the remaining two-thirds outright. If no children exist, the spouse inherits the entire estate. Mississippi's approach differs from many states by limiting the spouse's ownership rights rather than giving them a percentage of the estate value.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.