Dying Without a Will in Mississippi: What You Need to Know

Posted by Matt Perkins | Nov 20, 2023 | 0 Comments

Understanding the Consequences of Intestate Succession

When it comes to estate planning, one of the most crucial steps you can take is creating a will. A will is a legal document that dictates how your assets should be distributed after your death. But what happens if someone dies without a will in Mississippi? This situation is known as dying intestate, and it can lead to complex legal scenarios that may not align with the deceased's wishes. Let's explore the consequences of dying intestate in Mississippi.

The Basics of Intestate Succession

In Mississippi, when a person dies without a will, their assets are distributed according to the state's intestate succession laws. These laws are essentially the state's way of guessing (probably incorrectly!) how you might have wanted your estate distributed if you had written a will. However, these default rules may not reflect your personal preferences or the unique dynamics of your family.

Who Inherits Your Assets?

The distribution of assets in a Mississippi intestate case depends on the deceased's family structure:

  1. Married with Children: If you are married and have children, your assets will be divided between your spouse and children. This could potentially leave your spouse with less than you might have intended, especially if some of your children are from a previous relationship. It can also create a massive headache if their is a "problem child".

  2. Married without Children: If you're married without children, your spouse typically inherits everything.

  3. Single with Children: If you're single, your children will inherit your assets. If any child predeceases you, that child's share will be distributed among their descendants.

  4. Single without Children: If you're single and childless, your assets could go to your parents, siblings, or more distant relatives, in that order.

The Legal Process and Potential Complications

A will appoints the person you choose to serve as the Executor. Without a will, the probate court appoints an administrator to handle the estate. This process can be time-consuming, stressful, and more costly than if there had been a clear will. The court's decisions may also lead to family disputes, as relatives may have different opinions on how the assets should be distributed.

The Importance of Having a Will

Having a will is crucial for several reasons:

  • Control Over Asset Distribution: You decide exactly how your assets should be distributed.
  • Protecting Your Loved Ones: A will can provide clear instructions to help avoid family disputes.
  • Caring for Minor Children: You can appoint a guardian for your minor children.


Dying without a will in Mississippi means relinquishing control over how your assets are distributed and potentially causing unnecessary hardship for your loved ones. Creating a will is a straightforward process that can provide peace of mind for you and your family. To ensure that your wishes are honored and your loved ones are taken care of, give us a call at (228) 460-5243 or schedule a time to meet with us online.

Don't wait until it's too late. Contact our Mississippi estate planning law firm today to create a will that reflects your wishes and secures your family's future.

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