Heirship Affidavit Mississippi Withholding

Category:
State:
Mississippi
Control #:
MS-02501
Format:
Word; 
Rich Text
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Description

This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidvait to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.
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FAQ

The Mississippi Form 78 Affidavit is used to report personal property within the state for a deceased individual. The following information needs to be reported on the form: 1. Identification of the decedent: Full legal name, date of death, and last known address.

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.

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.

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.

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Heirship Affidavit Mississippi Withholding