Can a spouse be disinherited under intestacy?

No. Mississippi's intestacy statute [§ 91-1-3] guarantees the surviving spouse a share of the estate. The size of that share depends on whether there are also surviving children or parents.

Do stepchildren inherit under Mississippi intestacy?

No. Mississippi intestacy rules [§ 91-1-3] apply to legal descendants. Stepchildren who were not legally adopted are not included in the statutory distribution.

What if there are no surviving relatives?

When no heir can be identified under Mississippi's intestacy statute [§ 91-1-3], the estate escheats (transfers) to the State of Mississippi.

Can someone contest intestate distribution?

Disputes can arise over who qualifies as an heir, whether the deceased actually lacked a will, or who should serve as administrator. These issues are resolved by the probate court under Mississippi's intestacy statute [§ 91-1-3].

Does intestate probate take longer than testate?

The procedural steps are similar either way. The key difference is that intestate estates require the court to identify heirs under the statutory formula [§ 91-1-3], which can add steps if the family tree is complex or disputed.

Topic guideUpdated 2026-02-27

Mississippi Probate Without a Will (Intestacy)

How intestate succession works in Mississippi — who inherits, in what order, and how administration differs without a will.

When someone dies without a will in Mississippi, the estate is distributed according to the state's Intestacy statutes §91-1-3. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

Mississippi's intestacy hierarchy §91-1-3

If there is a surviving spouse

Spouse inherits the entire estate if no surviving children or their descendants
Spouse receives entire estate if the deceased has surviving parents but no children
Spouse receives child's share (equal share with children), but not less than one-quarter of the estate if there are surviving children who are also children of the surviving spouse
Spouse receives child's share (equal share with children), but not less than one-quarter of the estate if there are surviving children who are not children of the surviving spouse

💡An heir must survive the decedent by at least none specified by statute to inherit under Mississippi law.

If there is no surviving spouse

Children (and their descendants) inherit equally (Per stirpes among branches)
If no children: parents inherit equally
If no parents: siblings (and their descendants) inherit equally
More remote kin inherit when closer relatives do not survive

Administrator appointment §91-7-63

Without a will naming an Executor, the court appoints an administrator. Mississippi law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

💡Unlike an executor named in a will, an administrator may be required to post a bond §91-7-69 — a type of insurance policy that protects the estate if the administrator mismanages assets.

Key differences from having a will

No ability to choose who receives specific items or property
No ability to name who should serve as Personal representative
No ability to disinherit a statutory heir (intestacy follows a fixed formula)
No ability to designate a guardian for minor children
Distribution may not reflect the deceased person's actual wishes

⚠If the estate involves minor children, a surviving spouse with children from another relationship, or significant assets, legal guidance is strongly recommended. Intestacy rules can produce results that surprise families.

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Quick checklist (Probate)

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Death certificate

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Will or trust docs

(if any)

Basic asset list

(accounts / property)

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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Mississippi Executor Duties — Step by Step

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Mississippi Small Estate Alternatives to Probate

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Legal authoritiesStatutes referenced on this page

Miss. Code Ann. § 91-1-3

Spouse's intestate share

Defines what a surviving spouse inherits when there is no will.

Spouse gets entire estate if no surviving children or their descendants
With children of both: child's share (equal share with children), but not less than one-quarter of the estate
With step-children: child's share (equal share with children), but not less than one-quarter of the estate
Survival requirement: none specified by statute

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Miss. Code Ann. § 91-7-63

Administrator appointment

Without a will naming an executor, the court appoints an administrator from a statutory priority list.

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Verified 2026-07-13 · quarterly review

Miss. Code Ann. § 91-7-69

Bond requirement

An administrator may be required to post a bond to protect the estate from mismanagement.

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Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →