If a surviving spouse is unsatisfied with the provisions made for them by their deceased spouse in his or her will they may “renounce” the will and elect against it. This election must be made within 90 days after probate of the will. Miss. Code Ann. § 91-5-25.

This elective share is the share the surviving spouse would have received had the deceased died without a will (intestate); however, the elective share may not exceed one-half of the estate.  If the surviving spouse has separate property which equals or exceeds what he or she would receive as the elective share, the surviving spouse does not have a right of election against the will.


Mississippi law also contains a Homestead exemption statute which provides that a surviving spouse has an absolute right to occupy the marital home for the duration that he or she remains unmarried following the decedent’s death. This statute also provides strong protections in favor of the surviving spouse on the deceased spouse’s ability to devise the homestead to another.