Mississippi Code
Miss. Code Ann. § 91-1-15 (2026)
Descent among illegitimates; definitions
✓ current as of July 2026
- (1) The following terms shall have the meaning s ascribed to them herein:
- (a) "Remedy" means the right of an illegitimate to commence and maintain a judicial proceeding to enforce a claim to inherit property from the estate of the natural mother or father of such illegitimate, said claim having been heretofore prohibited by law, or prohibited by statutes requiring marriage between the natural parents, or restrained, or enjoined by the order or process of any court in this state.
- (b) "Claim" means the right to assert a demand on behalf of an illegitimate to inherit property, either personal or real, from the estate of the natural mother or father of such illegitimate.
- (c) "Illegitimate" means a person who at the time of his birth was born to natural parents not married to each other and said person was not legitimized by subsequent marriage of said parents or legitimized through a proper judicial proceeding.
- (d) "Natural parents" means the biological mother or father of the illegitimate.
- (2) An illegitimate shall inherit from and through the illegitimate's mother and her kindred, and the mother of an illegitimate and her kindred shall inherit from and through the illegitimate according to the statutes of descent and distribution. However, if an illegitimate shall die unmarried and without issue, and shall also predecease the natural father, the natural mother or her kindred shall not inherit any part of the natural father's estate from or through the illegitimate. In the event of the death of an illegitimate, unmarried and without issue, any part of the illegitimate's estate inherited from the natural father shall be inherited according to the statutes of descent and distribution.
- (3) An illegitimate shall inherit from and through the illegitimate's natural father and his kindred, and the natural father of an illegitimate and his kindred shall inherit from and through the illegitimate according to the statutes of descent and distribution if:
- (a) The natural parents participated in a marriage ceremony before the birth of the child, even though the marriage was subsequently declared null and void or dissolved by a court; or
- (b) There has been an adjudication of paternity or legitimacy before the death of the intestate; or
- (c) There has been an adjudication of paternity after the death of the intestate, based upon clear and convincing evidence, in an heirship proceeding under Sections 91-1-27 and 91-1-29. However, no such claim of inheritance shall be recognized unless the action seeking an adjudication of paternity is filed within one (1) year after the death of the intestate or within ninety (90) days after the first publication of notice to creditors to present their claims, whichever is less; and such time period shall run notwithstanding the minority of a child. This one-year limitation shall be self-executing and may not be tolled for any reason, including lack of notice. If an administrator is appointed for the estate of the intestate and notice to creditors is given, then the limitation period shall be reduced to ninety (90) days after the first publication of notice, if less than one (1) year from the date of the intestate's death; provided actual, written notice is given to all potential illegitimate heirs who could be located with reasonable diligence. No claim of inheritance based on an adjudication of paternity, after death of the intestate, by a court outside the State of Mississippi shall be recognized unless:
- (i) Such court was in the state of residence of the intestate at the time of the intestate's death;
- (ii) The action adjudicating paternity was filed within ninety (90) days after the death of the intestate;
- (iii) All known heirs were made parties to the action; and
- (iv) Paternity or legitimacy was established by clear and convincing evidence.
- (d) The natural father of an illegitimate and his kindred shall not inherit:
- (i) From or through the child unless the father has openly treated the child as his, and has not refused or neglected to support the child.
- (ii) Any part of the natural mother's estate from or through the illegitimate if the illegitimate dies unmarried and without issue, and also predeceases the natural mother. In the event of the death of an illegitimate, unmarried and without issue, any part of the illegitimate's estate inherited from the mother shall be inherited according to the statutes of descent and distribution.
A remedy is hereby created in favor of all illegitimates having any claim existing prior to July 1, 1981, concerning the estate of an intestate whose death occurred prior to such date by or on behalf of an illegitimate or an alleged illegitimate child to inherit from or through its natural father and any claim by a natural father to inherit from or through an illegitimate child shall be brought within three (3) years from and after July 1, 1981, and such time period shall run notwithstanding the minority of a child.
The remedy created herein is separate, complete and distinct, but cumulative with the remedies afforded illegitimates as provided by the Mississippi Uniform Law on Paternity; provided, however, the failure of an illegitimate to seek or obtain relief under the Mississippi Uniform Law on Paternity shall not diminish or abate the remedy created herein.
- (4) The children of illegitimates and their descendants shall inherit from and through their mother and father according to the statutes of descent and distribution.
- (5) Nothing in this section shall preclude the establishment of paternity solely for the purpose of the illegitimate receiving social security benefits on behalf of the illegitimate's natural father after one (1) year following the natural father's death.
Codes, Hutchinson's 1848, ch. 35, art. 2 (4); 1857, ch. 60, art. 115; 1871, § 1955; 1880, § 1275; 1892, § 1549; 1906, § 1655; Hemingway's 1917, § 1387; 1930, § 1408; 1942, § 474; Laws, 1924, ch. 162; Laws, 1981, ch. 529, § 1; Laws, 1983, ch. 339; Laws, 2005, ch. 543, § 1; Laws, 2008, ch. 388, § 1, eff. 7/1/2008.
Notes of Decisions
Cited in 106
cases (6 in the last 5 years), 1974–2026 · leading case: Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010).
Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010). “See Miss.Code Ann. § 91-1-15 (Rev. 2004). Following the chancery court's order, Leach filed a petition requesting reconsideration of the prior order and, alternatively, contested the constitutionality of Mississippi Code Section 91-1-15.”
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011). “Regarding Della's right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91-1-15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent…”
Est. of Nelson v. Nelson (In Re Perkins), 266 So. 3d 1008 (Miss. Ct. App. 2018). “Instead, he allowed the paternity action against him 4 See Miss. Code Ann. § 91-1-15 (3)(a). 5 See Miss.”
Matter of Est. of Smiley, 530 So. 2d 18 (Miss. 1988). “LEE, Presiding Justice, for the Court: This appeal raises questions concerning the constitutionality and the procedural requirements *20 of the illegitimate inheritance provisions of our intestacy statutes, Miss. Code Ann. § 91-1-15 (Supp. 1987). Ena Smiley Paschall and her six…”
Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991). “The error is: Whether an administrator is required to provide actual notice to known or reasonably ascertainable illegitimate children who are potential heirs and whose claims would be barred by the running of the ninety (90) day period under Miss. Code Ann. § 91-1-15 (3)(c)…”
Dauwanna Mitchell v. Tabitha Moore, 237 So. 3d 681 (Miss. 2017). “(c) “Illegitimate” means a person who at the time of his birth was born to natural parents not married to each other and said person was not legitimized by subsequent marriage to said parents or legitimized through a proper judicial proceeding.”
In Re Est. of Richardson, 903 So. 2d 51 (Miss. 2005). “to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section…”
Leflore by Primer v. Coleman, 521 So. 2d 863 (Miss. 1988). “The issue we address upon this appeal is whether the failure of these minors to assert any claim in the estate of the decedent until after expiration of 90 days from date of first publication of notice to creditors as required by Miss. Code Ann. § 91-1-15 (3)(c) bars their claim…”
Est. of Patterson v. Patterson, 798 So. 2d 347 (Miss. 2001). “Pursuant to Miss. Code Ann. § 91-1-15 (3)(d)(i) (1994) in conjunction with Miss.”
Jones by Jones v. Harris, 460 So. 2d 120 (Miss. 1984). “The question certified is stated as follows: Accepting that there is such differentiation as between legitimate children on the one hand and illegitimate children on the other hand in the applicable Mississippi statutory provisions governing rights of inheritance (compare…”
Ivy v. Illinois Cent. Gulf R. Co., 510 So. 2d 520 (Miss. 1987). “That Court also noted that except where the inheritance statute specifically and humanely provides, illegitimate children had no right of inheritance.”
Williams v. Farmer, 876 So. 2d 300 (Miss. 2004). “§ 11-7-13 that in order for a father to be entitled to proceeds from a wrongful death action for an illegitimate child, he must establish his right to inherit from the child under Miss.Code Ann. § 91-1-15, which includes the § 91-1-15(3)(d)(i) requirements.”
— Miss. Code Ann. § 91-1-15(1) — 2 cases
Matter of Est. of Kimble, 447 So. 2d 1278 (Miss. 1984).
Larsen v. Kimble, 447 So. 2d 1278 (Miss. 1984).
— Miss. Code Ann. § 91-1-15(1)(b) — 1 case
Smith by & Through Young v. Est. of King, 501 So. 2d 1120 (Miss. 1987).
— Miss. Code Ann. § 91-1-15(2) — 7 cases
Est. of Kidd v. Kidd, 435 So. 2d 632 (Miss. 1983).
Est. of Patterson v. Patterson, 798 So. 2d 347 (Miss. 2001). “Pursuant to Miss. Code Ann. § 91-1-15 (3)(d)(i) (1994) in conjunction with Miss.”
Mann v. Buford, 853 So. 2d 1217 (Miss. 2003).
Matter of Est. of Kimble, 447 So. 2d 1278 (Miss. 1984).
Holloway v. Jones, 492 So. 2d 573 (Miss. 1986).
— Miss. Code Ann. § 91-1-15(3) — 17 cases
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011). “Regarding Della's right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91-1-15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent…”
Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010). “See Miss.Code Ann. § 91-1-15 (Rev. 2004). Following the chancery court's order, Leach filed a petition requesting reconsideration of the prior order and, alternatively, contested the constitutionality of Mississippi Code Section 91-1-15.”
In Re Est. of Richardson, 903 So. 2d 51 (Miss. 2005). “to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section…”
Autrey v. Parson, 864 So. 2d 294 (Miss. Ct. App. 2003).
Mann v. Buford, 853 So. 2d 1217 (Miss. 2003).
— Miss. Code Ann. § 91-1-15(3)(a) — 7 cases
Est. of Patterson v. Patterson, 798 So. 2d 347 (Miss. 2001). “Pursuant to Miss. Code Ann. § 91-1-15 (3)(d)(i) (1994) in conjunction with Miss.”
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011). “Regarding Della's right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91-1-15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent…”
Est. of Nelson v. Nelson (In Re Perkins), 266 So. 3d 1008 (Miss. Ct. App. 2018). “Instead, he allowed the paternity action against him 4 See Miss. Code Ann. § 91-1-15 (3)(a). 5 See Miss.”
Lepori v. Welch, 93 So. 3d 66 (Miss. Ct. App. 2012).
In Re Est. of Mathis, 800 So. 2d 119 (Miss. Ct. App. 2001).
— Miss. Code Ann. § 91-1-15(3)(a)(b)(c) — 1 case
In Re Est. of Richardson, 905 So. 2d 620 (Miss. Ct. App. 2004).
— Miss. Code Ann. § 91-1-15(3)(a)(c) — 1 case
In Re Est. of Mathis, 800 So. 2d 119 (Miss. Ct. App. 2001).
— Miss. Code Ann. § 91-1-15(3)(b) — 6 cases
Hogan v. Buckingham Ex Rel. Buckingham, 730 So. 2d 15 (Miss. 1998).
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011). “Regarding Della's right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91-1-15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent…”
Perkins v. Thompson, 551 So. 2d 204 (Miss. 1989).
Est. of Justin v. Smith, 130 So. 3d 508 (Miss. 2014).
Halley Smith v. Payln Mae Smith (Miss. 2012).
— Miss. Code Ann. § 91-1-15(3)(b)(1994) — 1 case
Hogan v. Buckingham Ex Rel. Buckingham, 730 So. 2d 15 (Miss. 1998).
— Miss. Code Ann. § 91-1-15(3)(c) — 23 cases
In Re Est. of Brewer, 755 So. 2d 1108 (Miss. Ct. App. 1999).
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011). “Regarding Della's right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91-1-15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent…”
Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010). “See Miss.Code Ann. § 91-1-15 (Rev. 2004). Following the chancery court's order, Leach filed a petition requesting reconsideration of the prior order and, alternatively, contested the constitutionality of Mississippi Code Section 91-1-15.”
In Re Est. of Grubbs, 753 So. 2d 1043 (Miss. 2000).
In Re Est. of Mathis, 800 So. 2d 119 (Miss. Ct. App. 2001).
— Miss. Code Ann. § 91-1-15(3)(d) — 3 cases
In Re Est. of Richardson, 903 So. 2d 51 (Miss. 2005). “to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section…”
In Re Est. of Richardson, 905 So. 2d 620 (Miss. Ct. App. 2004).
In the Matter of the Est. of Deshundra S. Tate, Deceased: Kenyatta C. Garfield, Nat. Father of Kendra N. Tate v. Brenda Tate (Miss. Ct. App. 2025).
— Miss. Code Ann. § 91-1-15(3)(d)(I) — 2 cases
In Re Est. of Richardson, 903 So. 2d 51 (Miss. 2005). “to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section…”
Bullock v. Thomas, 659 So. 2d 574 (Miss. 1995).
— Miss. Code Ann. § 91-1-15(3)(d)(i) — 9 cases
Williams v. Farmer, 876 So. 2d 300 (Miss. 2004). “§ 11-7-13 that in order for a father to be entitled to proceeds from a wrongful death action for an illegitimate child, he must establish his right to inherit from the child under Miss.Code Ann. § 91-1-15, which includes the § 91-1-15(3)(d)(i) requirements.”
Est. of Patterson v. Patterson, 798 So. 2d 347 (Miss. 2001). “Pursuant to Miss. Code Ann. § 91-1-15 (3)(d)(i) (1994) in conjunction with Miss.”
Est. of Nelson v. Nelson (In Re Perkins), 266 So. 3d 1008 (Miss. Ct. App. 2018). “Instead, he allowed the paternity action against him 4 See Miss. Code Ann. § 91-1-15 (3)(a). 5 See Miss.”
Matter of Est. of Ford, 552 So. 2d 1065 (Miss. 1989).
Lepori v. Welch, 93 So. 3d 66 (Miss. Ct. App. 2012).
— Miss. Code Ann. § 91-1-15(3)(d)(ii) — 4 cases
Matter of Est. of Smiley, 530 So. 2d 18 (Miss. 1988). “LEE, Presiding Justice, for the Court: This appeal raises questions concerning the constitutionality and the procedural requirements *20 of the illegitimate inheritance provisions of our intestacy statutes, Miss. Code Ann. § 91-1-15 (Supp. 1987). Ena Smiley Paschall and her six…”
Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010). “See Miss.Code Ann. § 91-1-15 (Rev. 2004). Following the chancery court's order, Leach filed a petition requesting reconsideration of the prior order and, alternatively, contested the constitutionality of Mississippi Code Section 91-1-15.”
Dauwanna Mitchell v. Tabitha Moore, 237 So. 3d 681 (Miss. 2017). “(c) “Illegitimate” means a person who at the time of his birth was born to natural parents not married to each other and said person was not legitimized by subsequent marriage to said parents or legitimized through a proper judicial proceeding.”
Arlean Morant Leach v. Geraldine Yates (Miss. 2008).
— Miss. Code Ann. § 91-1-15(c) — 5 cases
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011). “Regarding Della's right to inherit from Floyd, in 1981, the Mississippi Legislature amended the Mississippi Code of 1972 and adopted section 91-1-15, thereby providing a means by which an illegitimate child could inherit through his or her natural father by the laws of descent…”
Matter of Est. of Chambers, 711 So. 2d 878 (Miss. 1998).
In Re Est. of Richardson, 905 So. 2d 620 (Miss. Ct. App. 2004).
F. Gene Jacks v. Velma Woods (Miss. 1998).
Angella Brown v. Edna Chambers Jackson (Miss. 1996).
— Miss. Code Ann. § 91-1-15(c)(3) — 1 case
In Re Est. of Grubbs, 753 So. 2d 1043 (Miss. 2000).
— Miss. Code Ann. § 91-1-15(d) — 2 cases
In the Matter of The Est. of Francis Curry Lewis, Deceased: Geneva Curry & Bernice Curry-Malcolm v. Angela Thomas, Intervenor, & Jimmie Smith (Miss. Ct. App. 2025).
Halley Smith v. Payln Mae Smith (Miss. 2012).
— Miss. Code Ann. § 91-1-15(d)(ii) — 4 cases
Matter of Est. of Johnson, 705 So. 2d 819 (Miss. 1997).
In Re Est. of Johnson, 767 So. 2d 181 (Miss. 2000).
Johnson v. Harris, 705 So. 2d 819 (Miss. 1996).
Claud L. Johnson v. Robert M. Harris (Miss. 1992).
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