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Spousal Elective Share Law in Mississippi

In Mississippi, a surviving spouse who renounces the will within 90 days after probate takes the share they would get without a will, but no more than one-half of the estate.

Last checked . General information, not legal advice.

Mississippi at a glance

Elective share
Intestate share, capped at 1/2 of the estate
A spouse whose own separate property equals the share cannot renounce; if it is less, only the shortfall is made up.
Deadline to elect
90 days after probate of the will
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Mississippi

How much can a surviving spouse claim in Mississippi if left out of the will?

Elective share in Mississippi: Intestate share, capped at 1/2 of the estate. A spouse whose own separate property equals the share cannot renounce; if it is less, only the shortfall is made up.

What is the deadline to claim the elective share in Mississippi?

Deadline to elect in Mississippi: 90 days after probate of the will.

Is Mississippi a community property state?

No. Community property state in Mississippi: no. Not on the IRS list of community property states.

Where do the Mississippi spousal elective share laws come from?

The rules above come from Miss. Code 91-5-25 and Miss. Code 91-5-29. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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