Mississippi Code
Miss. Code Ann. § 91-1-11 (2026)
Personal estate to descend as real estate
✓ current as of July 2026
- (1) Except as provided in subsection (2) of this section, when any person shall die possessed of goods and chattels or personal estate not bequeathed, the same shall descend to and be distributed among his or her heirs in the same manner that real estate not devised descends.
- (2) When any person shall die possessed of goods and chattels or personal estate not bequeathed, the provisions of Section 1 of this act are applicable in determining whether a child of a decedent is living at the time of the decedent's death.
Codes, Hutchinson's 1848, ch. 44, art. 2 (52); 1857, ch. 60, art. 111; 1871, § 1951; 1880, § 1273; 1892, § 1547; 1906, § 1653; Hemingway's 1917, § 1385; 1930, § 1406; 1942, § 472.
Amended by Laws, 2024, ch. 524, HB 1542,§ 2, eff. 5/13/2024.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1984–2024 · leading case: Jones by Jones v. Harris, 460 So. 2d 120 (Miss. 1984).
Jones by Jones v. Harris, 460 So. 2d 120 (Miss. 1984). “Code § 91-1-15 of Trusts and Estates Title, Descent and Distribution Chapter with § 91-1-3 and § 91-1-11), as to render the less favorable treatment of illegitimate children unconstitutional and void, does the law of the State of Mississippi call for interpretation of the…”
Leflore by Primer v. Coleman, 521 So. 2d 863 (Miss. 1988). “Code § 91-1-15 of Trusts and Estate Title, Descent and Distribution Chapter with § 91-1-3 and § 91-1-11), as to render the less favorable treatment of illegitimate children unconstitutional and void, does the law of the State of Mississippi call for interpretation of the…”
Guy Carpenter, Individually & as Adult Parent & Next Friend of Cole Carpenter, a Minor v. Kenneth Marvin Conway; (Miss. Ct. App. 2019). “See Miss. Code Ann. § 91-1-11 (Rev. 2018). And since Terry had already conveyed Parcels 1 and 2 to her parents prior to her death, Guy had a duty on behalf of Terry’s heirs to raise any claims to those parcels during the probate proceedings.”
Jaquith Nursing Home v. Yarbrough, 99 So. 3d 745 (Miss. 2012). “Mississippi Code Section 91-1-11 provides that goods, chattels, and personal estate are distributed in the same manner as realty.”
In the Matter of the Est. of Elijah Forkner, Deceased: Mimi Forkner Berry v. Tamika Forkner & Betsy Randolph (Miss. Ct. App. 2024). “] § 91-1-11. Personal estate to descend as real estate.”
Jenkins v. Jenkins, 990 So. 2d 807 (Miss. Ct. App. 2008). “[2] Mississippi Code Annotated section 91-1-11 (Rev.2004) provides that unbequeathed personal estate shall descend in the same manner as real estate.”
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