Who gets 401K’s not included in a Will in Mississippi?

The answer will depend on the language of the will and whether it contains a residuary clause. A residuary clause deals with the remainder, or the “residue” of the estate, not specifically bequeathed to heirs. The leftover assets of the estate will be distributed according to the residuary clause, which specifies how property that isn’t specifically bequeathed will be distributed.

If it is a survivorship account, or transfer on death account, it passes outside the probate process.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.