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Wait Thirty (30) Days. A filing will be accepted no earlier than thirty (30) days after the death of the decedent. Complete Documents. Complete and gather these documents: Affidavit of Small Estate. ... File With the Holder of Property. Take these documents to the individual or entity holding the property in question.
In Mississippi, an heirship suit is used to judicially determine a decedent's next of kin heirs at law. A Mississippi probate attorney will file a petition to establish the heirs of the decedent in the proper county, and publish notice of the proceeding.
Explanation of Mississippi Heirship Affidavit An affidavit of heirship is a sworn statement of one or more family members and at least two unrelated parties that identifies the decedent's legal heirs. These affidavits are sometimes used as an alternative to probate of real estate.
Under Mississippi's Affidavit of Successor (Small Estate Affidavit) procedure, personal property owed to a deceased person with a value of up to $50,000 may be delivered to his or her heirs or successors by affidavit. The affidavit can be made at any time after 30 days have passed since the person's death.
Mississippi's Intestate Laws Mississippi's intestacy laws state how the decedent's assets will pass to their ?heirs at law.? ?Heirs at law? are a group of relatives, including the decedent's spouse and relatives. Blood relatives include relatives descended from common ancestors as well as legally adopted children.