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Someone who dies without a will is called ?intestate,? which invokes the strict laws of intestacy. In Mississippi in the absence of a will, a surviving spouse inherits the entire estate unless there are also surviving children, in which case the spouse's share varies based on the number of children.
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 can use an Affidavit in Mississippi, rather than go through a full probate, only if an estate is worth less than $12,500 and there is no bank account or Will. Mississippi also allows for a summary probate procedure for estates worth less than $500.
In Mississippi, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.
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.