Mississippi Family Allowance: A Year's Support During Probate

When someone dies in Mississippi, the surviving spouse and the children the decedent was supporting can have one year of support set apart for them before the estate is fully settled. Mississippi calls this the year's support, and it functions as the state's family allowance. It is meant to keep the family going during administration, ahead of most estate claims.

Mississippi's year's support does not come with a flat dollar figure. There is no fixed statutory dollar cap. Instead, the Chancery Court or chancellor sets apart a reasonable provision for one year of comfortable support, based on the family's needs and the estate. This guide covers what the year's support is, who qualifies, how the amount is set, how it differs from exempt property and homestead, and how the family claims it. It is general information about Mississippi estates, not legal advice.

What Is Mississippi's Year's Support (Family Allowance)?

The year's support is a family protection. Under Miss. Code 91-7-135, the court or chancellor sets apart out of the decedent's effects one year's provision for the comfortable support of the surviving spouse and the children who were being supported by the decedent.

Two features define it:

• One year of support. The provision covers one year of comfortable support for the family during administration. It is not an open-ended payment.
• No fixed statutory dollar cap. Mississippi does not attach a flat dollar figure to the year's support. The chancellor fixes the sum on the facts of the estate. Do not expect a published number, because the statute does not set one.

The year's support also connects to the exempt property. Under Miss. Code 91-7-135, the one year's provision includes the provision already embraced in the exempt property. If the exempt property set apart for the family is not enough for one year of comfortable support, the court fixes the additional sum needed. So the exempt property and the year's support are measured together, not double-counted.

Purpose and Priority Over Creditors

The year's support exists so a grieving family is not left without means while the estate works its way through Chancery Court. Estate administration can take many months, and this provision is designed to bridge that gap.

Because it is a family protection set apart out of the estate, the year's support is generally protected ahead of most ordinary estate claims. The family typically receives it before general unsecured creditors are paid from the estate.

That priority is not absolute. Valid security interests, purchase-money obligations on a specific item, and taxes can still reach particular property. A financed asset counts only for its net value, and a lienholder can still enforce a valid security interest against that specific property. Confirm the priority of the year's support relative to a specific creditor claim with the Chancery Clerk or a Mississippi attorney before treating any asset as fully protected.

Who Qualifies

The year's support is a family right, and Miss. Code 91-7-135 fixes who receives it.

• Surviving spouse and supported children. When there is a surviving spouse, the year's support is set apart for that spouse together with the children the decedent was supporting.
• Spouse alone. If there are no children the decedent was supporting, the year's support is set apart for the surviving spouse.
• Children if there is no spouse. If there is no surviving spouse, the year's support is set apart for the decedent's children who were being supported by the decedent.

One condition matters. Mississippi case law requires that the spouse and children claiming the year's support were actually being supported by the decedent. The provision applies whether or not there is a will, because it is a statutory protection rather than a gift under the will. When more than one person shares the allowance, Miss. Code 91-7-141 governs how it is apportioned.

The Amount

Mississippi's year's support is need-based. There is no fixed statutory dollar cap the way some other states publish a flat family-allowance figure.

Under Miss. Code 91-7-135, the Chancery Court or chancellor sets apart a reasonable provision for one year of comfortable support for the family. Because the exempt property is counted first, the analysis runs in two steps:

1. Start with the exempt property. The provision already embraced in the exempt property set apart under Miss. Code 91-7-117 counts toward the one year of support.
2. The court fixes any shortfall. If the exempt property is not enough for one year of comfortable support, the court determines the additional sum necessary for one year.

So the figure is set case by case, on what one year of comfortable support requires for this family and this estate. There is no floor or ceiling to copy from another state, and none to quote from our data. If someone offers a specific dollar amount as "the Mississippi family allowance," treat it with caution, because the statute leaves the sum to the chancellor.

How It Differs From Exempt Property and Homestead

Mississippi gives a surviving spouse several separate protections, and they are easy to confuse. The year's support is only one of them.

These protections stack. A surviving spouse can ask the court to set apart the year's support, receive the exempt property, and assert homestead protection. For the $10,000 tangible personal property set-aside and how the Chancery Court sets it apart, see the Mississippi exempt property guide. For how all of these fit together with the renunciation right and the intestate child's part, see the Mississippi surviving spouse rights guide.

The key distinction: exempt property and homestead are measured against fixed statutory dollar figures ($10,000 and $75,000), while the year's support is not. The year's support is need-based, set by the chancellor, and it counts the exempt property first so the two are not double-counted.

How to Claim It

The year's support is set apart as part of estate administration in Chancery Court, not through a separate flat claim the family files on its own.

1. Open the estate. The estate runs through the Chancery Court of the county where the decedent was domiciled at death, and the Chancery Clerk is the filing office.
2. Identify the family's needs and the exempt property. List what one year of comfortable support requires, and note the exempt property already being set apart, since it counts toward the year's support.
3. Petition the Chancery Court. Ask the court or chancellor to set apart the one year's provision under Miss. Code 91-7-135. If the exempt property is not enough, ask the court to fix the additional sum.
4. Raise it early. Because the year's support is support-focused and set apart during administration, raise it with the Chancery Clerk as soon as the estate opens.
5. Apply to the court if there is a dispute. If an interested person contests the set-aside or the apportionment, an interested party can apply to the Chancery Court to resolve it.

Much of the timing is handled by the court during administration rather than by a single fixed deadline in our data. Confirm any applicable time limit with the Chancery Clerk or a Mississippi attorney before you rely on it.

Waiving the Allowance

The year's support can be limited or given up, but only in specific ways.

• By agreement. A valid prenuptial or postnuptial agreement can waive or reshape what a spouse would otherwise take. To be enforceable, such an agreement generally must be in writing, entered voluntarily, and supported by fair disclosure of both parties' finances. Have a Mississippi attorney review any such agreement before anyone relies on it.
• By choice during administration. A surviving spouse or child who does not need the support can decline to claim it, letting those assets remain in the estate for distribution under the will or by intestacy.

Because the year's support is a support-focused protection built into the statute for the family, weigh any waiver carefully. Giving it up removes a cushion the law provided for the year after a death.

Frequently Asked Questions

How much is the Mississippi family allowance (year's support)?

There is no fixed statutory dollar amount. Under Miss. Code 91-7-135, the Chancery Court or chancellor sets apart one year's provision for the comfortable support of the surviving spouse and the supported children, and fixes the sum on the facts of the estate if the exempt property already set apart is not enough.

Is the year's support the same as exempt property in Mississippi?

No, they are separate protections that can both apply. Exempt property is the set-aside of tangible personal property up to $10,000 cumulative under Miss. Code 85-3-1, via 91-7-117. The year's support under Miss. Code 91-7-135 is one year of comfortable support with no fixed dollar cap. The year's support counts the exempt property first, so the two are measured together, not double-counted.

Who receives the year's support if there is no surviving spouse?

Under Miss. Code 91-7-135, if there is no surviving spouse the one year's support is set apart for the decedent's children who were being supported by the decedent.

Can creditors reach the year's support?

Generally not for the family's claim. The year's support is set apart out of the estate ahead of most ordinary estate claims. But valid security interests, purchase-money liens on a specific item, and taxes can still apply, so a financed item counts only for its net value.

Related Guides

• Mississippi Surviving Spouse Rights
• Mississippi Exempt Property
• Mississippi Intestate Succession
• Mississippi Probate Guide
• Mississippi Executor Duties

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Sources

• Title: Miss. Code 91-7-135, Court or chancellor to set apart one year's support for family. Publisher: Mississippi Code (via Justia). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-7/section-91-7-135/
• Title: Miss. Code 91-7-141, Apportionment of the one year's support. Publisher: Mississippi Code (via Justia). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-7/section-91-7-141/
• Title: Miss. Code 91-7-117, Appraisers to set apart exempt property. Publisher: Mississippi Code (via Justia). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-91/chapter-7/section-91-7-117/
• Title: Miss. Code 85-3-1, Property exempt from seizure under execution or attachment. Publisher: Mississippi Code (via Justia). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-85/chapter-3/section-85-3-1/
• Title: Miss. Code 85-3-21, Homestead exemption; land and buildings. Publisher: Mississippi Code (via Justia). Publication Date: Current official code, accessed 2026-06-14. URL: https://law.justia.com/codes/mississippi/title-85/chapter-3/section-85-3-21/

This guide provides general information about the Mississippi family allowance. Consult with a Mississippi probate attorney for advice specific to your situation. It is not legal advice.