About Mississippi,
In Mississippi, a surviving spouse inherits the whole intestate estate when there are no descendants. When descendants survive, the spouse receives the same share as each child, which is one-half when there is one child and a smaller equal share when there are multiple children.
Mississippi follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Mississippi intestate law (Miss. Code § 91-1-7) determines your share. The small-estate threshold is $75,000 for a qualifying estate affidavit after 30 days under Miss. Code § 91-7-322., and typical probate takes 6-12 months.
Mississippi does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Mississippi classifies marital property and what a surviving spouse typically receives if there is no will.
How Mississippi Classifies Marital Property
Common Law (Equitable Distribution)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | One-half if one child, equal share if more than one child |
| Children from prior relationship | If the decedent has children from another relationship, the spouse receives the same share as each child. A stepchild who is not the decedent's biological or adopted child does not inherit under intestacy. |
The same as the intestate share (a child's share, but not more than one-half), reduced by the value of the surviving spouse's own assets.
Deadline to File
- Mississippi filing window
- 90 days from the date the will is admitted to probate
Home Protections for Surviving Spouses
The surviving spouse has the absolute right to use and occupy the marital home for as long as they remain unmarried. The exemption is for $75,000 in equity or 160 acres of land, whichever is less.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $75,000 for a qualifying estate affidavit after 30 days under Miss. Code § 91-7-322. |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Mississippi does not have a state estate tax or an inheritance tax. |
Deadlines You Cannot Afford to Miss
Mississippi-Specific Rules
Dower and curtesy have been abolished. A surviving spouse is entitled to a 'spouse's allowance' for one year of support, which has priority over most other claims.
Mississippi Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Mississippi
Reviewed July 18, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Mississippi.
- Is Mississippi a community property state?
- Mississippi is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution)
- What does a surviving spouse inherit without a will in Mississippi?
- No children: Entire estate With children: One-half if one child, equal share if more than one child Stepchildren or children from a prior relationship: If the decedent has children from another relationship, the spouse receives the same share as each child. A stepchild who is not the decedent's biological or adopted child does not inherit under intestacy.
- What is the elective share right in Mississippi?
- The same as the intestate share (a child's share, but not more than one-half), reduced by the value of the surviving spouse's own assets. Deadline: 90 days from the date the will is admitted to probate
- What is the small-estate threshold in Mississippi?
- $75,000 for a qualifying estate affidavit after 30 days under Miss. Code § 91-7-322.. Typical probate timeline: 6-12 months
- Does Mississippi have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Mississippi does not have a state estate tax or an inheritance tax.
- What deadlines matter most for widows in Mississippi?
- Elective Share: 90 days from the admission of the will to probate; Creditor Claims: 90 days from the first publication of the notice to creditors; Federal Estate Tax Return: 9 months after the date of death (if applicable).
- What is Mississippi's current small-estate affidavit limit?
- The entire probate estate, excluding liens and encumbrances, must not exceed $75,000. At least 30 days must have passed, and no personal-representative proceeding can be pending or completed under Miss. Code 91-7-322.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Mississippi.
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