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Probate is the term for a legal process in which a will is reviewed to determine whether it is valid and authentic. Probate also refers to the general administering of a deceased person's will or the estate of a deceased person without a will.
There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it.
Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the person's assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries.
Mississippi probate is usually required if a deceased person died with Mississippi assets in his or her name and those assets do not pass automatically at the person's death.There are some alternatives to probate that may apply in limited circumstances.
You should include: Probate application form PA1P. Inheritance tax form IHT205 or IHT400. An official copy of the death certificate.
The easiest type of probate is the common form probate. This is the form of probate that one will choose when they do not believe that someone will contest the will. Common form probate does not require notice to either beneficiaries or other persons. It is designed to quickly appoint an executor and pass the property.
: the form of probate of a will where the will is decreed in open court to be the last will and testament after notice to all interested persons and after hearing the testimony of the attesting witnesses.
A will should be offered for probate within five years of a person being appointed the estate's personal representative, or a court order is filed stating that the estate does not require a personal representative or administrator. (Georgia Code § 53-5-3).
In general, there are two types of probate formal and informal. Formal probate is what most people think about when they hear the word probate.