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Explanation of Mississippi Heirship Affidavit An affidavit of heirship is a sworn statement of one or more family members and at least two unrelated parties that identifies the decedent's legal heirs. These affidavits are sometimes used as an alternative to probate of real estate.
If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.
In Mississippi, an heirship suit is used to judicially determine a decedent's next of kin heirs at law. A Mississippi probate attorney will file a petition to establish the heirs of the decedent in the proper county, and publish notice of the proceeding.
An affidavit of heirship is a document that can be used in some states to transfer ownership of property left by a deceased person to their family. This allows for property to be inherited without a will or a court proceeding.