What Happens When You Die Without a Will?

In Mississippi, if you die without a Will you are said to be "intestate".  "Intestate" simply means someone died without a Will. 

What happens to your assets when you die without a Will?  In Mississippi and in many other states, the laws of intestate succession apply.  This means that your heirs are those determined according to the law of intestate succession (as opposed to your "heirs" being those listed in your Will). 

Group One heirs are a surviving spouse and surviving children.  Group Two heirs are surviving parents and siblings.  Group Three heirs are surviving grandparents, aunts and uncles.  Group Four heirs are those surviving blood relatives of the highest degree as computed by the rule of civil law (for instance, first cousins will inherit to the exclusion of second cousins).

So how does this whole "Group" thing work?  Here are some examples:

(1) If you die without a Will leaving behind a spouse and 2 children, your assets will be divided up one-third to your surviving spouse, one-third to one child, and one-third to the other child.  Because you have at least one Group One heir, no one else will inherit your estate.  The problem with this is that if you die without a Will leaving a spouse and two underage (i.e., under 21 years old) children, your spouse will share your estate with two minor children, and the children's interests in the estate will be held for them in a guardianship.    

(2) If you die without a Will and your spouse has already preceded you in death, and you have no children, your heirs would be the surviving Group Two heirs.  Therefore, if your parents are already dead but you have a surviving sister, your surviving sister would inherit to the exclusion of the Group Three and Group Four heirs. 

(3) If you die without a Will and you have no surviving spouse or children (Group One), no surviving parent or siblings (Group Two), and only one surviving uncle (Group Three), then your surviving uncle will inherit to the exclusion of the Group Four heirs.

If you are ok with your assets passing according to this framework, then you probably don't need a Will.  However, it is always best to have a Will that states clearly in writing who you want your assets to pass to at the time of your death.  For parents with small children it is irresponsible to not have a Will!

For more information on intestate succession or any other estate-related matter, please visit our website at www.showspowell.com.