When a person dies without leaving a will, the heirs of the deceased may open what is known as an Administration Estate.   The administration estate provides for the orderly distribution of the decedent’s property.  Such distribution is made according to the Mississippi laws of intestate succession.

If the decedent has a spouse and children, the decedent’s assets are divided into equal shares among the spouse and the children.  The descendants of any deceased child inherit that child’s share.  If the decedent has a spouse but no children, the entire estate passes to the spouse.

By opening an administration estate, the administrator can facilitate the distribution of property to the rightful heirs.  The administrator first petitions the court where the decedent lived, or had property, to open an administration.  That court then issues Letters of Administration to the administrator granting that person the power to examine all assets and accounts of the deceased.

After all property has been inventoried, Notice of Creditors must be published for 90 days.  Additionally, a Petition to Determine Heirs may need to be filed to ensure all rightful heirs have been identified.  If after 90 days no creditors file a claim against the estate, the Administrator can file a Petition to Close Administration and Distribute Property to Heirs.

The foregoing summary presupposes a smooth process whereby all heirs are known and in agreement as to how the estate should be distributed.  However, many times the heirs are not all known or if they are, may not be in agreement.  Such a scenario would require a hearing before the court wherein a Judge would make the final determination as to heirs and property distribution