Surviving spouses in Mississippi have important rights, including:
- Intestate Share
- Family Allowance
- Exempt Property
- Elective Share
- Homestead Exemption
Surviving Spouse Rights If There Is No Valid Will
If a decedent in Mississippi has died without a valid will, they have died intestate. In an intestate estate, Mississippi controls the distribution of Decedent’s assets. The widow’s share of an intestate estate depends on whether or not the decedent had surviving children or descendants.
- Entire Estate: The surviving spouse is entitled to the entire estate if the decedent has no surviving children or descendants.
- Partial Estate: If the decedent has surviving children or descendants, then the surviving spouse receives a child’s share of the estate.
Surviving Spouse Rights To Allowances and Exemptions
The Mississippi Code provides for a one year support allowance. The support allowance is determined by court-appointed appraisers. The surviving spouse is also entitled to exempt property. The exempt property is to be set apart by appraisers.
Elective Share Rights
If decedent died with a will, the surviving spouse can elect to renounce the will. The surviving spouse might want to do this when the surviving spouse is left out of the will, or is unsatisfied with the provisions made for them in the will. The spouse can then elect against the will.