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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.
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)
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.
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. If the estate includes real estate, probate is typically required.
Most of the time, probate is required in Mississippi. Small estates may have a more informal version of probate, and there are other cases where probate isn't necessary. However, for most instances, probate is necessary to distribute the assets of the estate and transfer ownership to the heirs.