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Mississippi Code

Miss. Code Ann. § 91-1-1 (2026)

Territorial application

✓ current as of July 2026
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This chapter applies to the property of decedents domiciled in this state and real property of nonresidents located in this state.

Codes, 1857, ch. 60, art. 110; 1871, § 1950; 1880, § 1270; 1892, § 1542; 1906, § 1648; Hemingway's 1917, § 1380; 1930, § 1401; 1942, § 467.

Amended by Laws, 2020, ch. 343, SB 2850,§ 1, eff. 7/1/2020.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1987–2025 · leading case: Burley Ex Rel. Hill v. Douglas, 26 So. 3d 1013 (Miss. 2009).
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Burley Ex Rel. Hill v. Douglas, 26 So. 3d 1013 (Miss. 2009). · cites it 16× “Miss.Code Ann. §§ 91-1-1 to -31 (Rev.2004).”
Matter of Est. of Mason, 616 So. 2d 322 (Miss. 1993). · cites it 8× “The decision of the court provided that Miss. Code Ann. § 91-1-1 (1972) controlled and monies on deposit in the State of Mississippi would be subject to the laws of Mississippi.”
Clark Sand Co., Inc. v. Kelly, 60 So. 3d 149 (Miss. 2011). · cites it 6× “Miss.Code Ann. §§ 91-1-1 to 91-1-11 (Rev.”
King v. State, 857 So. 2d 702 (Miss. 2003). · cites it 2× “Nathan Paul King (Dooley) was indicted on four counts, which include: Count 1, conspiracy to commit sexual battery in violation of Miss.Code Ann. §§ 91-1-1 and 97-3-95(d); Count 2, sexual battery, in violation of Miss.”
Carlisle v. Allen, 40 So. 3d 1252 (Miss. 2010). · cites it 4× “" Miss. Code Ann. § 91-1-1 (Rev.2004). In the absence of a will, if a divorce may be revoked despite the prejudgment death of one of the parties, then the "widow of such deceased person," otherwise unrecognized, gains significant property rights.”
Alvarez v. Coleman, 642 So. 2d 361 (Miss. 1994). · cites it 4× “The nearly-identical predecessor to Miss. Code Ann. § 91-1-1 (Supp. 1993), Section 269 of the Miss.”
Tinnin v. First United Bank of Mississippi, 502 So. 2d 659 (Miss. 1987). · cites it 2× “See Miss. Code Ann. §§ 91-1-1 , et seq., (1972).”
Hogan v. Buckingham Ex Rel. Buckingham, 730 So. 2d 15 (Miss. 1998). · cites it 2× “Thus, they argue that § 93-9-21 is inapplicable here, and that the matter is controlled instead by the statutory scheme relating to descent and distribution, Miss.Code Ann. § 91-1-1 et seq. (1994). ¶ 19.”
Est. of Justin v. Smith, 130 So. 3d 508 (Miss. 2014). · cites it 4× “3d 1013, 1021 (2009) (citing Miss.Code Ann. §§ 91-1-1 to -31 (Rev.2004)).”
Pringle v. Shannon, 794 So. 2d 261 (Miss. Ct. App. 2001). · cites it 2× “Therefore, our conclusions must be drawn based on a precept that W.H. and Della were married, giving Della *266 the right to receive W.”
In Re Est. of High, 19 So. 3d 1282 (Miss. Ct. App. 2009). · cites it 2× “At the outset, we emphasize that Missouri’s statute of limitations is not relevant to the descent of the testator’s property located in Mississippi at his time of death.”
Matter of Heirship of McLeod, 506 So. 2d 289 (Miss. 1987). · cites it 2× “Section 91-1-1, et seq. of the Mississippi Code Annotated (1972), controls the distribution of property by intestate succession.”
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— Miss. Code Ann. § 91-1-1(h) — 1 case
John W. Clubb v. State of Mississippi (Miss. 1993).
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