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Intestate Succession Laws in Mississippi

In Mississippi, a surviving spouse with children inherits a child's share (an equal share with each child), and inherits the entire estate when there are no children or descendants of children. Mississippi is not a community property state.

Last checked . General information, not legal advice.

Mississippi at a glance

Spouse share with shared children
A child's share
The spouse takes an equal share with each child (or each deceased child's line), including children of a former marriage.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
Entire estate
Surviving parents do not take when there is a surviving spouse and no descendants.
Community property state
No

Sources

Last checked

The rules in Mississippi

How much does a surviving spouse inherit in Mississippi when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Mississippi: A child's share. The spouse takes an equal share with each child (or each deceased child's line), including children of a former marriage.

Does a surviving spouse in Mississippi inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Mississippi: no.

How much does a surviving spouse inherit in Mississippi when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Mississippi: Entire estate. Surviving parents do not take when there is a surviving spouse and no descendants.

Is Mississippi a community property state?

No. Community property state in Mississippi: no.

Where do the Mississippi intestate succession laws come from?

The rules above come from Miss. Code Ann. 91-1-7. Each source is linked on this page. We last checked them in October 2026.

Good to know

The statute is written in terms of husband and wife but gives each surviving spouse the same result: the whole estate with no descendants, or an equal share with the children.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.