Estates and Wills in Mississippi

Mississippi allows for handwritten wills.

When you die, the money and property you leave behind is called your estate. Mississippi laws determine how estates get distributed in the state. These laws govern issues including what you need to do to create a will and how your heirs inherit if you fail to create one. Talk to a Mississippi estate planning attorney if you need legal advice about wills and estates.

Estates

Your estate consists of all the property, both assets and debts, that you own or have an interest in at the time of your death. Your estate does not include property you own jointly with a right of survivorship. For example, if you and your wife have a joint checking account, you typically have a right of survivorship on such an account, meaning that if one of you dies, the other is entitled to keep the funds. Your estate consists of only that property you own individually.

Wills

A will serves one primary purpose: to express a person's desires about how he wants to divide his estate property after death. Mississippi law requires that a will include provisions for the testator's spouse, according to the Mississippi Bar Association, but there is no requirement that a testator leave property to her children. Anyone in Mississippi can create a will as long as he is at least 18 years of age, of sound mind, makes the will in writing and signs it. If you have someone else write or make it, you must get the document witnessed by at least two competent adults. Mississippi also allows for oral wills, but only in limited circumstances.

Intestacy

A person dies intestate when he dies leaving property but does not have a valid last will and testament. Intestate estates get divided according to Mississippi's intestacy laws, which determine who receives property based on the person's relationship to the decedent. For example, unless a decedent has children, the decedent's surviving spouse receives the entire estate, according to Mississippi Code 91-1-7. These rules essentially mean that unless you declare how you want your heirs to receive property through a valid will, the state laws make the decision for you regardless of your desires.

Probate

The probate process is the set of procedures and steps through which an estate is redistributed or settled. This process starts when a person with property in Mississippi dies. Whether the person dies intestate or not, the probate court must hear the case and oversee the redistribution of estate property. If you had a will, for example, a Mississippi probate court must determine if the will is valid. If so, it will appoint a representative to distribute your property according to the will. If you have no will, the court still appoints a representative, but the estate gets distributed according to the state's intestacy laws.

References

• The Mississippi Bar: Where There's a Will, There's a Way
• MyStateWill: Mississippi Intestacy Laws
• MedLawPlus: Mississippi Legal Information - Last Will and Testament Statutes