What happens if you die in MS without a will? Here’s who gets your property
Writing a will is often the last thing on many people’s minds, but without one, your assets may not be distributed as you intended, and your loved ones may be left to navigate difficult decisions while they grieve.
In Mississippi, if you don’t have a will when you die, the distribution of your assets will be up to state law, but what does that mean?
Here’s what to know about writing a will in Mississippi.
What is a will?
A will is a legal document stating how you would like to distribute your assets after death.
While it can be strange and emotional to think about, it’s important to have a will so that everything you care for — both assets and sentimental items — can end up in the right hands after your death.
What happens if you die without a will in MS?
State law decides how your assets will be divided if you die without a will, according to the Mississippi Bar.
There are four groups your blood relatives are placed in when dealing with inheritance, according to the law. Each person in group 1 becomes a beneficiary and receives an equal share of your estate.
If you do not have any surviving blood relatives in that group, your beneficiaries will be moved to group two and so on.
Here’s who is included in each group:
- Group 1: your surviving spouse, children (including adopted children) and descendants of your children
- Group 2: your mother, father, siblings and descendants of siblingsGroup 3: your grandparents, aunts and uncles
- Group 4: any other blood relatives
If there are no legal heirs for your assets, then they will go through a process called “escheatment,” meaning it will all go to the state, according to Mississippi law.
How to write a will in MS
A will is a very important document, but that doesn’t mean it has to be hard to write one.
To write a will, you have to be 18 and older, of sound mind and not under duress and have at least two witnesses, according to the Mississippi Center for Legal Services.
Here are a few ways to write a will, according to the University of Wisconsin-Madison Extension:
- Write your own will with a computer or pen and paper. Be sure you have all assets accounted for and understand each sentence in your will
- Connect with a legal expert of service to write your will
Here’s what to include in your will, according to the Mississippi Center for Legal Services:
- Your name, marital status and any childrenA brief description of your assets
- The names of your beneficiaries
- Any alternate beneficiaries
- Any specific gifts
- Establishment of trusts
- Any cancellations of debts owed to you
- Name of an executor to manage your estate
- Name of a guardian for any minor children
- Name of an alternative guardian
- Your signature
- Witnesses’ signatures
