Mississippi Order Granting Hearing and Temporary Letters Testamentary
Definition and meaning
The Mississippi Order Granting Hearing and Temporary Letters Testamentary is a legal document issued by the Chancery Court of Mississippi. It allows a petitioning party to secure temporary authority to act as the executor of a deceased person's estate before the final probate process is complete. Specifically, it permits the issuance of temporary Letters Testamentary, which empower the executor to manage estate affairs, such as collecting assets and paying debts, until a hearing is held to determine the validity of the deceased's Last Will and Testament.
How to complete a form
To complete the Mississippi Order Granting Hearing and Temporary Letters Testamentary, follow these steps:
- Begin by obtaining the required templates from a trusted source, such as US Legal Forms.
- Fill in your name as the petitioner and your contact information.
- Provide the name of the deceased person and the date of their passing.
- Attach the original Last Will and Testament as Exhibit A.
- Identify all interested parties and provide their names and addresses.
- Request the appointment of yourself or another individual as the executor.
- Specify the date and time for the hearing before the Chancery Court.
Once completed, file the document with the appropriate court and pay any applicable fees.
Who should use this form
This form is designed for individuals who are seeking to be appointed as executors of an estate in Mississippi. It is particularly relevant for:
- People who have been named as executors in a deceased person's Last Will and Testament.
- Individuals looking to manage the estate of someone who died without a Will.
- Any parties who need to collect assets or address debts on behalf of the deceased during the probate process.
Key components of the form
The Mississippi Order Granting Hearing and Temporary Letters Testamentary includes several vital components:
- Petitioner's Details: Information about the individual requesting the order.
- Decedent Information: Name and details of the deceased person.
- Exhibit A: The original Last Will and Testament.
- List of Interested Parties: Names and addresses of all relevant individuals.
- Hearing Details: Date and time scheduled for the court hearing.
These components ensure that the court has all necessary information to grant the order effectively.
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FAQ
There are two components of letter of testamentary cost: the court fee and the attorney's fees. The court fee ranges from $45 to $1,250, depending on the gross value of the estate. The attorney's fees start at about $2,500 and can go up depending on the complexity of the case.
Find the local probate court or surrogate's court, as it's sometimes called. File the will and a certified copy of the testator's death certificate . Fill out the necessary paperwork , like a petition form, and provide any additional documents.
There are two components of letter of testamentary cost: the court fee and the attorney's fees. The court fee ranges from $45 to $1,250, depending on the gross value of the estate. The attorney's fees start at about $2,500 and can go up depending on the complexity of the case.
Net value of probate estate is $50,000 or less, or. Probate asset is bank account or accounts totaling no more than $12,500, or. Probate estate is $500 or less.
In the best of circumstances, the Mississippi probate process usually takes 4 to 6 months. This would only be possible if the estate was fairly simple, all interested parties are agreeable, and documents are signed and returned to the probate attorney in a timely manner.
To obtain your letter of testamentary, you will need to file the will and death certificate in the probate court, along with forms asking for the letter of testamentary. You'll need to provide your information, as well as some basic information about the value of the estate and the date of death.
Letters testamentary are not issued when there is no will. When a person dies intestate, or without a will, the court issues letters of administration and appoints someone to distribute the decedent's property.
The executor will need to wait until the 2 month time limit is up, before distributing the estate. Six month limit to bring a claim in other cases, it can be sensible for the executors not to pay any beneficiaries until at least 6 months after receiving the grant of probate.
A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.
