Mississippi Petition to Sell Real Estate by Executor
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FAQ
The Executor of an Estate is allowed to sell property owned by the deceased person, as long as there are no surviving joint owners or clauses in the Will that prevent selling the property.
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.
File the will with the probate court. Take control of the probate timeline. Check if the estate qualifies for streamlined probate. Don't hire an agent until the court names you as executor.
The terms of the Independent Administration of Estates Act do not avoid probate, but they do allow an executor to sell an estate's real estate without probate court approval under some circumstances.
The executor can sell property without getting all of the beneficiaries to approve.Once the executor is named there is a person appointed, called a probate referee, who will appraise the estate assets.
According to estate planning attorney Adam Ansari, it is legal for an executor to purchase the home instead of selling it, as long as the executor purchases the property for fair market value and all of the beneficiaries agree with the terms of the sale.
Once the COURT appoints you as executor, you will record an affidavit of death of joint tenant to get your mother's name of the property. Then, when you get an order for final distribution, you will record a certified copy to get the property into the names of the beneficiaries under the will.