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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)
Mississippi probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
A petition to open probate is filed with the court. A copy of the death certificate and will must be included. A probate attorney must be hired since the state probate laws requires an attorney for all estates in probate. The court will approve the executor or appoint someone if the will didn't name a person.
You can make your own will in Mississippi, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
Can I represent the estate myself? Mississippi court rules require every Mississippi estate to be represented by a Mississippi probate attorney. So unless you happen to be a Mississippi attorney, you will need to hire one.