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How Long Do You Have to File Probate After a Death in Mississippi? ing to Title 91 Chapter 7 Section 5 of the Mississippi Code, the court can compel the person who has the will to present it. The person who has the will must file it with the court within 40 days after the person's death.
GENERAL OUTLINE OF PROBATE PROCESS IN MISSISSIPPI Establish a Need for Probate. ... Determine Type of Estate. ... Gather Documents. ... Present in ?Chancery Court? for Opening. ... Notify Creditors/Heirs and Sign Affidavit. ... Value and Distribute Assets. ... Heirs Sign to Close. ... Set Hearing for Disputes (judge will determine distribution)
Though there is no deadline for filing probate in Mississippi, the court is legally allowed to compel surviving family members to present their loved one's will. In that case, you would be required to file probate within 40 days of their death. You must file probate, even if there's no will.
The chancellors, also referred to as Chancery Court judges, hear special court cases involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.
Most estates require some form of probate to transfer an inheritance in Mississippi. However, if the estate is worth less than $50,000, you can submit an informal probate affidavit instead of attending a court hearing.