When a person dies without a will, the first question most attorneys would ask the family regarding the Estate is who are the heirs?
In Mississippi, there are essentially four levels of kinship which make up who inherits under the law.
Mississippi Code Annotated Section 91-1-3 governs descent of land, and it sets out these levels of kinship.
- Spouse and Children. Under the law, these individuals have the superior right to the estate. If any of these individuals predecease the person involved in the Estate, then their heirs would inherit.
- Parents, Brothers, Sisters, and their heirs. These individuals inherit only if there are no individuals who qualify under section 1. Same as section 1 regard to their heirs.
- Grandparents Aunts and Uncles. Again one must look further down the family tree to find these heirs and this is only if the first two segments do not qualify.
- Next closest blood relative.
When looking at this list, keep this in mind the next time you think about planning for your estate. If you do not have a will this is how your estate would be distributed under the law.