Mississippi Letters Testamentary
Understanding this form
Letters Testamentary is a legal document in Mississippi that officially appoints an individual as the Administrator of an estate. This form ensures that the appointed Administrator has the authority to manage the deceased's estate, including settling debts and distributing assets. Unlike other forms, Letters Testamentary specifically grants this power under the guidelines of Mississippi law.
Key components of this form
- Name of the deceased individual.
- Name of the appointed Administrator.
- Date of issuance.
- Clerk of the court signature and seal.
When to use this form
This form should be used when a person passes away and there is a need to manage their estate. It is required for the appointed Administrator to obtain the official authority to handle matters such as paying off any debts, distributing property, and ensuring that the estate is settled according to the law.
Who needs this form
This form is intended for:
- The designated Administrator of an estate.
- Individuals handling the estate of a deceased person.
- Family members or heirs involved in the estate management process.
Completing this form step by step
- Identify the deceased person's name and relevant details.
- Enter the name of the Administrator being appointed.
- Fill in the date when the form is issued.
- Obtain the necessary signature from the Clerk of the court.
- Keep a copy for personal records.
Notarization guidance
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Typical mistakes to avoid
- Failing to provide complete information about the deceased.
- Not obtaining the Clerk's signature.
- Incorrectly naming the appointed Administrator.
Why complete this form online
- Convenient access to legal forms from anywhere.
- Editable templates that can be customized to your needs.
- Reliable updates that reflect current Mississippi laws and statutes.
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FAQ
What are letters testamentary? When a person dies and has properly executed a last will and testament that names another person to manage his estate, the court issues letters testamentary.
A common question asked of estate planning attorneys is how to obtain a copy of a deceased person's last will and testament or other probate court records. Because probate files are public court records that anyone can read, if a will has been filed for probate then you should be able to obtain a copy of it.
When probating a will, it is necessary for one person to be appointed as the executor.Generally speaking, the executor must obtain a letter of testamentary, which provides legal documentation and proof that they are in fact the executor of the estate.
Most likely you will need an attorney to obtain letters testamentary. Many attorneys offer a free consultation. At least meet with an attorney to make sure letters testamentary is what you need.
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.
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.
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.
