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In Mississippi, real estate can be transferred via a TOD deed, which allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.
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.
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.
You must sign the deed and get your signature notarized, and then record (file) the deed with the county chancery clerk's office before your death. Otherwise, it won't be valid. You can make a Mississippi transfer on death deed with WillMaker.
If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.
Mississippi law states that a small estate affidavit is applicable when the total value of the decedent's assets is $75,000 or less. Also, the form is suitable for the collection of personal property only and, therefore, cannot be used to obtain the decedent's real estate.
The Mississippi Real Property Transfer-On-Death Act allows a TOD deed to transfer property to ?one or more beneficiaries.?15 Unless the deed says otherwise, the beneficiaries receive equal shares with no right of survivorship.